-> if only 9 of you vote for unions and the other 41 of you don’t. that makes the union less powerful. -> why pass such laws? - to depress wages, in orders to attract companies to come. - by creating an environment which employers can pay less. Sale of goods Cornerstone of most capitalistic economies - in canada we are no exception The law that relates to the sale of goods is the sale of goods act
- governs buyers and sellers -> when we talk about sale of goods we are talking about buyers and sellers . The other people that are missing are those people financing the transactions- lenders. when we talk about debtor and creditor law - then we talk about the relationship between lenders and borrowers . All of the subjects come under the heading of the Commercial Law Sale of goods act Applies to every sale of goods -> sale -> goods -> these terms are important in order to understand the sale of goods Very broad in its application Where does it come from? Originally Caveat Emptor – let buyers beware -> it means if you are buying stuff, then be careful, because you bear the risk. -> this is a course of contract law- but it is another specialized area of contract law . And it is an area where the courts and legislatures have seen fit to intervene in order to protect certain interests. It seems to be quite unfair to put all the risks to one side of the transaction and If the overall goal of business laws is to promote trade and commerce, if you don’t protect buyers to some extent, you cant accomplish the goal. We want customers to become enthusiastic participants in the market. The courts started to modify the bounds which previously have been entirely in favor of sellers. What kind of techniques do they use? -> imply various terms in sale of goods contracts that the goods would match the description that have been provided. They had started to provide a term that good will be free from defects. And if these terms were breached, then it would be a breach of contract . these terms are not in the contract but they are there because the courts imply them into. Every canadian provinces adopted the sale of goods act based entirely on the 1893 english statute- every province has a sale of goods act, they are provincial and they are identical. And they are all identical to the 1893 english statute. -> the 1893 statute in UK has been modernized several times. But the canadian sale of goods acts have never been modernized. -> one of the criticism of canadian sale of goods act is that antiquity and it is obsolete . The area has developed, unlike the sale of goods act, is the consumer protection legislation . We have quite a bit change to the consumer protection legislations. The sale of goods act works in addition to the sale of goods contracts . The sale of goods act adds another layer onto the sale of goods contract. Like employment law adds another layer on to the employment contract.
Goods - tangible personal property (stuff you can see and touch and it is not land or buildings) -> otherwise called chattels.
You've reached the end of your free preview.
Want to read all 27 pages?
- Fall '09