Difference between revisions of "Governing Legislation and Resources for Consumer Protection (11:II)"

*''[http://www.bclaws.ca/civix/document/id/complete/statreg/96410_01 Sale of Goods Act]'', RSBC 1996, c 410 [''SGA''].

::The ''SGA'' regulates contracts for the sale (or lease) of goods, but not services. The ''SGA'' is not concerned with the ethics of the transaction unless there is also a defect in the manner in which the contract is carried out (e.g. if the goods are not delivered, are damaged, or are unfit for the purpose for which they were sold). The protections are stronger for new goods and goods sold by sellers in the business of selling that good (e.g. retail stores) than for goods that the purchaser knows are used or sellers who are not in the business of selling that good.

''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'', SBC 2004, c 2 [''BPCPA''].  

*The ''BPCPA'' is concerned with the ethics of a transaction, such as deceptive and unconscionable practices, as well as information requirements for many types of consumer contracts. The BPCPA also gives consumers the right, under some circumstances, to cancel contracts where the consumer has ongoing obligations, such as time share and gym memberships. In addition, the Act regulates businesses that offer such contracts and other types of transactions that are open to abusing consumers, such as direct sales and payday loans. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.

''[http://www.bclaws.ca/civix/document/id/complete/statreg/96316_01 Motor Dealer Act]'', RSBC 1996, c 316 [''MDA''].

*The ''MDA'' sets out the requirements for motor dealers selling vehicles to retail consumers. It requires disclosure of the prior history of a car (e.g. its use as a taxi) and any damage  suffered over $2,000, and other important information. Clients with consumer complaints regarding car dealers should be directed to the Vehicle Sales Authority of British Columbia, which has the authority to investigate consumer complaints and provide dispute resolution.  

''[http://www.bclaws.ca/civix/document/id/complete/statreg/96359_01 Personal Property Security Act]'', RSBC 1996, c 359 [''PPSA''].  

*The PPSA governs all security agreements, as well as chattel mortgages, conditional sales, floating charges, pledges, trust indentures, trust receipts, assignments, consignments, leases, trusts, and transfers of chattel paper that secure payment or performance of an obligation. A security interest is an interest in goods or other property that secures payment or performance of an obligation for a lender. It is used to determine who retained title; however, recent cases abolished title as the most important factor.

*See also [[Conditional Sales Contracts and Security Agreements (11:VI)|11:IV Conditional Sales Contracts and Security Agreements]]

''[https://laws-lois.justice.gc.ca/eng/acts/b-4/page-14.html#h-30390 Bills of Exchange Act]'', RSC 1985, c. B-4, ss. 188-192 [''BEA''].  

*The ''BEA'' states that a promissory note is a written promise, like an “I owe you”, to pay a specified sum of money at a fixed time or on-demand. These are commonly used in conjunction with executory contracts, where one party has fulfilled their material obligations and the other party still has some or all outstanding.