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Difference between revisions of "Miscellaneous Consumer Protection Legal Information (11:VIII)"
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Miscellaneous Consumer Protection Legal Information (11:VIII) (view source)
Revision as of 18:08, 14 August 2020
, 18:08, 14 August 2020→A. Circumvention of Disclaimer Clauses
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== A. Circumvention of Disclaimer Clauses == | == A. Circumvention of Disclaimer Clauses == | ||
Vendors may try to protect themselves from liability arising from oral representations made to a buyer by inserting an exclusion clause into the written contract. Exclusion clauses attempt to invalidate any representations or warranties other than those explicitly mentioned in the written contract. Exclusion clauses can also seek to exclude statutory conditions and warranties, or they can attempt to limit the buyer’s default rights. There can be a variety | Vendors may try to protect themselves from liability arising from oral representations made to a buyer by inserting an exclusion clause into the written contract. Exclusion clauses attempt to invalidate any representations or warranties other than those explicitly mentioned in the written contract. Exclusion clauses can also seek to exclude statutory conditions and warranties, or they can attempt to limit the buyer’s default rights. There can be a variety of ways to get around such clauses. | ||
=== 1. Statutory Relief === | === 1. Statutory Relief === | ||
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==== e) Inadequate Notice ==== | ==== e) Inadequate Notice ==== | ||
Some disclaimer clauses are hidden in the “boilerplate” fine print of the contract and have been held not binding for this reason, if they are particularly onerous and attention was not drawn to them (''Tilden Rent-A-Car Co v Clendenning'' (1978), 18 OR (2d) 601, 83 DLR (3d) 400 (Ont CA)). | Some disclaimer clauses are hidden in the “boilerplate” fine print of the contract and have been held not binding for this reason, if they are particularly onerous and attention was not drawn to them (''Tilden Rent-A-Car Co v Clendenning'' (1978), 18 OR (2d) 601, 83 DLR (3d) 400 (Ont CA)). | ||
== B. Consumers’ Rights against Creditors and Debt Collection Agencies == | == B. Consumers’ Rights against Creditors and Debt Collection Agencies == | ||
