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Difference between revisions of "Consumer Protection from Deceptive and Unconscionable Acts (11:IV)"
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Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
Revision as of 20:15, 12 August 2020
, 20:15, 12 August 2020→3. Supplier
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The definition of supplier in section 1 requires that the transaction occur “in the course of business”. Thus, private sales and transactions made by people who are not in the business of dealing with such goods are generally exempt from the ''BPCPA''. If a consumer buys a used car advertised in a newspaper ad placed by a private person, the consumer will likely be restricted to the remedies found in the SGA or at common law. Some remedies in the ''SGA'' are also available only when goods are sold in the ordinary course of business. | The definition of supplier in section 1 requires that the transaction occur “in the course of business”. Thus, private sales and transactions made by people who are not in the business of dealing with such goods are generally exempt from the ''BPCPA''. If a consumer buys a used car advertised in a newspaper ad placed by a private person, the consumer will likely be restricted to the remedies found in the SGA or at common law. Some remedies in the ''SGA'' are also available only when goods are sold in the ordinary course of business. | ||
Several suppliers can be involved in one transaction. Therefore, in order for the consumer to sue, | Several suppliers can be involved in one transaction. Therefore, in order for the consumer to sue, they need not have a contract with the supplier who made a deceptive representation or committed an unconscionable act. For example, a consumer buys a car from a dealer and the contract is assigned to a financial institution. The vendor would be a supplier, as would the finance company attempting to collect on the contract (see section 15). Since privity of contract is not necessary, each of the suppliers would be liable under the ''BPCPA'' if they engaged in deceptive or unconscionable practices. | ||
According to section 6(2), advertisers who, on behalf of another supplier, publish a deceptive or misleading advertisement are not liable for damages, court actions, or offences, if they are acting in good faith when they accept advertisements for publication. If, however, they knew or ought to have known that the advertisement had the capability, tendency, or effect of deceiving or misleading, then they too may be liable as a supplier under the ''BPCPA''. | According to section 6(2), advertisers who, on behalf of another supplier, publish a deceptive or misleading advertisement are not liable for damages, court actions, or offences, if they are acting in good faith when they accept advertisements for publication. If, however, they knew or ought to have known that the advertisement had the capability, tendency, or effect of deceiving or misleading, then they too may be liable as a supplier under the ''BPCPA''. | ||
