Contracts for Sale of Goods (11:III): Difference between revisions

Contracts for Sale of Goods (11:III) (view source)

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 ==== a) Private Seller ====
-Based on section 20, Private sellers or lessors, as opposed to retail sellers or lessors, can explicitly exempt themselves from ss 17, 18, and 19. A retail sale is defined as one in the “ordinary course of the seller or lessor’s business.” This is subject to the ''contra proferentum'' rule that such a clause, if ambiguous, is read strictly against the person relying on it.
+Based on s 20, private sellers or lessors, as opposed to retail sellers or lessors, <u>can</u> explicitly exempt themselves from ss 17, 18, and 19. A retail sale is defined as one in the “ordinary course of the seller or lessor’s business.” Exemption or exclusion clauses are subject to the ''contra proferentem'' rule that such a clause, if ambiguous, may be interpreted strictly against the drafter.
 ==== b) Commercial Seller ====