Damages for fraudulent misrepresentation buyer may

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Damages for fraudulent misrepresentation Buyer may also: Withhold payment for breach of condition Withhold enough to cover loss in case of breach of warranty Buyer can also sue if goods have been paid for but not delivered continued ... 15 - 17
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Buyer’s Remedies, continued Damages are recoverable if defective goods cause injury Victims of breach may: Sue for damages Demand specific performance 15 - 18
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Something to think about … Think about a transaction where you were the buyer and you were unhappy with the goods you purchased Based on the obligations of the seller under the Sale of Goods Act (see slide 13) could you have made the argument that the seller was in violation of the Act? Why or why not? 15 - 19
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Consumer Protection Consumer transactions involve goods intended to be used by the consumer and not resold Consumer protection legislation controls: Use and disclosure of information Unethical business practices Both provincial and federal legislation in place 15 - 20
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Prebushewski v. Dodge City Auto The plaintiff, Prebushewski, purchased a new truck from Dodge City Auto 14 months later, the truck was destroyed by fire An investigation was conducted and it was determined that a defect in the light module caused it to short circuit, leading to the fire Both Dodge City and Chrysler refused to assist the plaintiff, even though she had purchased an extended warranty The insurance settlement did not cover the amount still owing on the bank loan for the car, so the plaintiff commenced an action under the Consumer Protection Act (this is an Ontario case that went all the way to the Supreme Court of Canada) NOTE: s. 48 of the CPA states that a product and all its components are to be durable for a reasonable period . 15 - 21
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Competition Act Act is intended to prevent business activities that interfere with a free market system Violators are subject to prosecution Competition Act Controls mergers Prohibits abusive trade practices Restricts agreements between merchants 15 - 22
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Other Federal Legislation Other Federal Legislation that contains consumer protection components: Food and Drug Act Strict enforcement provisions Hazardous Products Act Controls the manufacture, importation and sale of products that are inherently dangerous A few other Acts enforce the proper disclosure of information about products 15 - 23
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Responsibility for Goods Sold Sale of Goods Act imposes responsibility on sellers
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