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Difference between revisions of "Contracts Overview"
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Even if a '''waiver clause''' is not specifically prohibited, consumers may still be able to obtain a remedy for breach of contract if a fundamental aspect of the contract is breached. This issue can arise, for example, in sale of goods transactions governed by the ''Sale of Goods Act''. While consumers cannot waive their rights under that Act in the purchase of new goods, the rights can be waived in the purchase of used goods when those goods are purchased from retail businesses. | Even if a '''waiver clause''' is not specifically prohibited, consumers may still be able to obtain a remedy for breach of contract if a fundamental aspect of the contract is breached. This issue can arise, for example, in sale of goods transactions governed by the ''Sale of Goods Act''. While consumers cannot waive their rights under that Act in the purchase of new goods, the rights can be waived in the purchase of used goods when those goods are purchased from retail businesses. | ||
The issue most often arises in the sale of used cars. Invariably, a car dealer’s sale contract has a waiver clause. The courts have said in a number of decisions that if the problem with the car is fundamental, the waiver of rights term in the contract will be interpreted very strictly against the seller. Often, the courts ignore the waiver clause and give the consumer a remedy. (See the section on Contract Remedies.) One of the leading cases applying this principle is [http://canlii.ca/t/gbmfq Findlay v. Couldwell] (for more on this case, see the section on Unfair or Deceptive Practices). | The issue most often arises in the sale of used cars. Invariably, a car dealer’s sale contract has a waiver clause. The courts have said in a number of decisions that if the problem with the car is fundamental, the waiver of rights term in the contract will be interpreted very strictly against the seller. Often, the courts ignore the waiver clause and give the consumer a remedy. (See the section on [[Contract Remedies]].) One of the leading cases applying this principle is [http://canlii.ca/t/gbmfq Findlay v. Couldwell] (for more on this case, see the section on Unfair or Deceptive Practices). | ||
=== Defences to contract claims=== | === Defences to contract claims=== | ||
