Sale of Goods Law - Revision history

Drew Jackson: /* Related topics and materials */

2018-10-11T13:02:22Z

Drew Jackson: /* Related topics and materials */

2018-10-11T13:01:56Z

Drew Jackson: /* The goods are of merchantable quality */

2018-10-11T13:00:13Z

The goods are of merchantable quality

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	=== The goods are of merchantable quality===		=== The goods are of merchantable quality===
	Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec18_smooth section 18(b)] of the ''Sale of Goods Act'', an implied condition of the contract is that the goods sold are of merchantable quality (that is, they are in a suitable condition to be sold). This condition applies if the following three circumstances are all present:		Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec18_smooth section 18(b)] of the ''Sale of Goods Act'', an implied condition of the contract is that the goods sold are of '''merchantable quality''' (that is, they are in a suitable condition to be sold). This condition applies if the following three circumstances are all present:
	* The consumer buys the goods by description from the seller.		* The consumer buys the goods by description from the seller.
	* The seller deals in goods of that description.		* The seller deals in goods of that description.

Drew Jackson: /* Summary of the law */

2018-10-11T12:59:44Z

Summary of the law

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	=== The goods are of merchantable quality===		=== The goods are of merchantable quality===
	Under section 18(b) of the Sale of Goods Act, an implied condition of the contract is that the goods sold are of merchantable quality (that is, they are in a suitable condition to be sold). This condition applies if the following three circumstances are all present:		Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec18_smooth section 18(b)] of the ''Sale of Goods Act'', an implied condition of the contract is that the goods sold are of merchantable quality (that is, they are in a suitable condition to be sold). This condition applies if the following three circumstances are all present:
	* The consumer buys the goods by description from the seller.		* The consumer buys the goods by description from the seller.
	* The seller deals in goods of that description.		* The seller deals in goods of that description.

Drew Jackson: /* The goods are free from encumbrance */

2018-10-11T12:57:51Z

The goods are free from encumbrance

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	=== The goods are free from encumbrance===		=== The goods are free from encumbrance===
	Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec16_smooth section 16(c)] of the ''Sale of Goods Act'', an implied condition of the contract is that the seller (or lessor) promises there are '''no charges or encumbrances''' on the goods by any third party. Examples of charges or encumbrances include [[Repairers' Liens\|repairers' liens]] and [[Security Agreements\|security agreements]] over the goods registered under the [http://canlii.ca/t/8495 Personal Property Security Act]. Again, this protection usually applies to consumer-consumer sales (or leases) for both new and used goods, and always applies to business-consumer sales (or leases) for both new and used goods (retail waivers being void under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec20_smooth section 20(3)]).		Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec16_smooth section 16(c)] of the ''Sale of Goods Act'', an implied condition of the contract is that the seller (or lessor) promises there are '''no charges or encumbrances''' on the goods by any third party. Examples of charges or encumbrances include [[Repairers' Liens\|repairers' liens]] and [[Security Agreements\|security agreements]] over the goods registered under the ''[http://canlii.ca/t/8495 Personal Property Security Act]''. Again, this protection usually applies to consumer-consumer sales (or leases) for both new and used goods, and always applies to business-consumer sales (or leases) for both new and used goods (retail waivers being void under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec20_smooth section 20(3)]).

	=== The goods are reasonably durable ===		=== The goods are reasonably durable ===

Drew Jackson: /* The goods are free from encumbrance */

2018-10-11T12:57:20Z

The goods are free from encumbrance

← Older revision		Revision as of 12:57, 11 October 2018
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	=== The goods are free from encumbrance===		=== The goods are free from encumbrance===
	Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec16_smooth section 16(c)] of the ''Sale of Goods Act'', an implied condition of the contract is that the seller (or lessor) promises there are '''no charges or encumbrances''' on the goods by any third party. Examples of charges or encumbrances include [[~~Repairers’~~ Liens\|~~repairers’~~ liens]] and [[Security Agreements\|security agreements]] over the goods registered under the [http://canlii.ca/t/8495 Personal Property Security Act]. Again, this protection usually applies to consumer-consumer sales (or leases) for both new and used goods, and always applies to business-consumer sales (or leases) for both new and used goods (retail waivers being void under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec20_smooth section 20(3)]).		Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec16_smooth section 16(c)] of the ''Sale of Goods Act'', an implied condition of the contract is that the seller (or lessor) promises there are '''no charges or encumbrances''' on the goods by any third party. Examples of charges or encumbrances include [[Repairers' Liens\|repairers' liens]] and [[Security Agreements\|security agreements]] over the goods registered under the [http://canlii.ca/t/8495 Personal Property Security Act]. Again, this protection usually applies to consumer-consumer sales (or leases) for both new and used goods, and always applies to business-consumer sales (or leases) for both new and used goods (retail waivers being void under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec20_smooth section 20(3)]).

	=== The goods are reasonably durable ===		=== The goods are reasonably durable ===

Drew Jackson: /* Summary of the law */

2018-10-11T12:54:26Z

Summary of the law

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	The ''Sale of Goods Act'' is an important law for consumers because it provides many rights and remedies. It does this in two main ways:		The ''Sale of Goods Act'' is an important law for consumers because it provides many rights and remedies. It does this in two main ways:
	* The Act deems that many rights are part of a sale of goods contract, regardless of what the parties have (or have not) agreed on. These are called ~~“implied terms”~~. These terms cover the quality of the goods sold and the seller’s right to sell the goods. Regardless of whether anything is said when a sale is made, or even if, in some instances, the seller specifically says that the ''Sale of Goods Act'' does not apply to the transaction, it is likely that the Act does apply.		* The Act deems that many rights are part of a sale of goods contract, regardless of what the parties have (or have not) agreed on. These are called “'''implied terms'''”. These terms cover the quality of the goods sold and the seller’s right to sell the goods. Regardless of whether anything is said when a sale is made, or even if, in some instances, the seller specifically says that the ''Sale of Goods Act'' does not apply to the transaction, it is likely that the Act does apply.
	* The ''Sale of Goods Act'' gives consumers certain remedies if the seller breaches the rights given under the Act. The Act talks of rights that are ~~“conditions”~~ and rights that are ~~“warranties”~~. In very general terms, conditions are seen as the most important basic rights of the contract, while warranties are seen as less important collateral rights. The distinction can be important for the type of remedy (see the section on [[Contract Remedies]]) available to the buyer. In general, breaches of conditions may allow consumers to get out of the transaction altogether (that is, return the goods and get their money back), while breaches of warranties usually allow consumers only to recover damages (that is, get some compensation for the defect in the goods).		* The ''Sale of Goods Act'' gives consumers certain remedies if the seller breaches the rights given under the Act. The Act talks of rights that are “'''conditions'''” and rights that are “'''warranties'''”. In very general terms, conditions are seen as the most important basic rights of the contract, while warranties are seen as less important collateral rights. The distinction can be important for the type of remedy (see the section on [[Contract Remedies]]) available to the buyer. In general, breaches of conditions may allow consumers to get out of the transaction altogether (that is, return the goods and get their money back), while breaches of warranties usually allow consumers only to recover damages (that is, get some compensation for the defect in the goods).

	It is difficult to generalize about all the rights given by the ''Sale of Goods Act''. Considerable case law has interpreted many sections of the Act and refined the meaning of those sections. The relevance of a section to a particular transaction often depends on the specific facts of the transaction. Also, there are differences in how or whether the Act’s protection applies to transactions. For example, some protections apply to both business-consumer transactions and consumer-consumer transactions, while other protections apply to only business-consumer transactions.		It is difficult to generalize about all the rights given by the ''Sale of Goods Act''. Considerable case law has interpreted many sections of the Act and refined the meaning of those sections. The relevance of a section to a particular transaction often depends on the specific facts of the transaction. Also, there are differences in how or whether the Act’s protection applies to transactions. For example, some protections apply to both business-consumer transactions and consumer-consumer transactions, while other protections apply to only business-consumer transactions.

Drew Jackson at 12:18, 11 October 2018

2018-10-11T12:18:12Z

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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}

	Legal problems involving the sale of goods typically involve weighing a variety of factors: the terms of the contract, the type of seller, and the nature and seriousness of the problem.		Legal problems involving the '''sale of goods''' typically involve weighing a variety of factors: the terms of the contract, the type of seller, and the nature and seriousness of the problem.

	== Client problems==		== Client problems==

Elena Renderos at 05:04, 20 September 2018

2018-09-20T05:04:42Z

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	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Sale_of_Goods_Law.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Many common-law principles of contract (see the [[Contracts Overview]]) were developed in Britain during the 1800s. In some instances, those principles were codified into statute law by the British parliament. One important area of the common law of contract that was codified was the sale of goods law. BC’s present [http://canlii.ca/t/84c2 ''Sale of Goods Act''] was modelled after the British law.		Many common-law principles of contract (see the [[Contracts Overview]]) were developed in Britain during the 1800s. In some instances, those principles were codified into statute law by the British parliament. One important area of the common law of contract that was codified was the sale of goods law. BC’s present [http://canlii.ca/t/84c2 ''Sale of Goods Act''] was modelled after the British law.

Elena Renderos at 19:13, 19 September 2018

2018-09-19T19:13:03Z

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	== Related topics and materials==		== Related topics and materials==
	See the other sections on making a purchase:		See the other sections on making a purchase:
	* Deposits in Consumer ~~Transactions~~		* [[Deposits in Consumer Transactions]]
	* Misleading ~~Advertising~~		* [[Misleading Advertising]]
	* Unfair or Deceptive ~~Practices~~		* [[Unfair or Deceptive Practices]]
	* Unsolicited Goods and ~~Services~~		* [[Unsolicited Goods and Services]]
	* ~~Leases~~		* [[Leases]]

	There are various useful texts on this topic, including Sale of Goods in Canada by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 ''Sale of Goods Act'']''.		There are various useful texts on this topic, including Sale of Goods in Canada by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 ''Sale of Goods Act'']''.

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	* [[Leases]]		* [[Leases]]

	There are various useful texts on this topic, including ''Sale of Goods in Canada'' by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 ''Sale of Goods Act'']''.		There are various useful texts on this topic, including ''Sale of Goods in Canada'' by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 Sale of Goods Act]''.

	Online resources for finding other cases include the [https://www.canlii.org/en/ CanLII website] and the [http://www.quicklaw.ca LexisNexis Quicklaw] pay service (available in [https://www.courthouselibrary.ca Courthouse Libraries] across the province).		Online resources for finding other cases include the [https://www.canlii.org/en/ CanLII website] and the [http://www.quicklaw.ca LexisNexis Quicklaw] pay service (available in [https://www.courthouselibrary.ca Courthouse Libraries] across the province).

← Older revision		Revision as of 13:01, 11 October 2018
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	* [[Leases]]		* [[Leases]]

	There are various useful texts on this topic, including Sale of Goods in Canada by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 ''Sale of Goods Act'']''.		There are various useful texts on this topic, including ''Sale of Goods in Canada'' by G.H.L. Fridman and ''The Sale of Goods'' by P.S. Atiyah (note: the latter is based on English law, which differs somewhat from BC law). These texts are a starting point for finding cases that interpret sections of the ''[http://canlii.ca/t/84c2 ''Sale of Goods Act'']''.

	Online resources for finding other cases include the [https://www.canlii.org/en/ CanLII website] and the [http://www.quicklaw.ca LexisNexis Quicklaw] pay service (available in [https://www.courthouselibrary.ca Courthouse Libraries] across the province).		Online resources for finding other cases include the [https://www.canlii.org/en/ CanLII website] and the [http://www.quicklaw.ca LexisNexis Quicklaw] pay service (available in [https://www.courthouselibrary.ca Courthouse Libraries] across the province).