Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"

{{REVIEWED LSLAP | date= August 8, 2021}}

In order to enforce the terms of a contract, there must be a contract and the particular terms must be enforceable under that contract.  

Misrepresentation occurs when a party is induced to enter a contract based on a false statement. The remedies available depend on the nature of the misrepresentation. See Section 11:IV G. False or Misleading Advertising for more information on misrepresentation.

The ''Limitation Act'', RSBC 2012, c 13 sets out a general time limit of 2 years on starting any claim from the time that the claim is discovered (s 6(1)). Generally, a claim is discovered on the first day that a person knew or ought to have known that the injury, loss, or damaged had occurred and was caused (or contributed to) by an act or omission of the person against whom the claim is (or may be) made and that the court would be the appropriate means to seek a remedy (s 8). Usually this will be at the time of the act, but not always. If the person was (or is) a minor or was (or is) otherwise incapable of managing their affairs due to a disability special discovery rules apply (ss 18-19). There are also special discovery rules in the case of fraud, trust property, and securities amongst others (ss 12-17). In addition, certain acts provide exceptions to the general limitation period set out in the ''Limitation Act''. For example, the ''Local Government Act'', RSBC 2015, c 1 sets out that an action against a municipality must be commenced within 6 months after the cause of action first arises (s 735). Because of this, you must carefully check through the acts associated with your cause of action to ensure that you will not miss a limitation date.

If the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies. At this point, the claim would be outside the limitation period unless there is an exception in the act for the type of claim brought. Under the former act, if the claim is for breach of contract, s 3(5) of the ''Limitation Act'', RSBC 1996, c 266 states that the limitation period for breach of contract is six years. However, under s 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is two years, even where the claim is based on contract. In addition, if the claim is for negligence as well, the limitation period is two years.