Difference between revisions of "Introduction to Consumer Protection (11:I)"

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== A. Introduction ==
== A. Overview ==


This chapter provides an overview of the law of consumer protection in British Columbia. The introduction includes brief explanations of the common law and statute law relating to consumer contracts. The following sections then describe the statutes in some detail. The sections are necessarily brief, and while intended to give the reader an accurate general understanding of consumer protections laws, do not replace a careful reading of the statutes and case law.  
This chapter provides a general discussion of consumer protection laws in British Columbia (BC).
 
While parts of this chapter are concerned with the rights of sellers, the main objective is to aid consumers who want to enforce contractual obligations, cancel contractual obligations, obtain damages for a breach of contract, or file a complaint with the appropriate regulator. This chapter should also help in determining contractual and other obligations of the parties, and whether or not those obligations are enforceable.


While parts of this chapter are concerned with the rights of sellers, the main thrust is to help clinicians advise consumers who want to get  out of contractual obligations, enforce contractual obligations, extract damages for a breach of contract, or file a complaint with the  appropriate regulator. This chapter should also help students determine the contractual and other obligations of the parties, and whether or not those obligations are enforceable.


== B. Common Law vs. Statute ==
== B. Common Law vs. Statute ==


An aggrieved party may have remedies under statututory law, the common law, or both. B.C. statutes provide better protection to consumers than is afforded by the common law. Since legislation takes precedence over the common law, it is crucial that students check all relevant statutes when faced with the legal matters of consumers. For example, some contracts that are enforceable at common law are rendered unenforceable by relevant statutes.
An aggrieved party may have remedies under statutory law, the common law, or both. BC statutes provide better protection to consumers than is afforded by the common law. Since legislation (statutes) takes precedence over the common law, it is crucial to check all relevant statutes (see [[Governing Legislation and Resources for Consumer Protection (11:II)|11:II A. Legislation]]) when faced with the legal matters of consumers. For example, some contracts that are enforceable at common law are rendered unenforceable by relevant statutes.
 
== C. Governing Legislation, Regulations, and Resources ==
 
=== 1. Legislation and Regulations ===
 
The statutes to consult include the following:


''Sale of Goods Act'', RSBC 1996, c 410 [SGA].


*This legislation 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 than for goods that the purchaser knows are used. 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  get  out  of  contracts  in  which  the  consumer  has  ongoing  obligations under  the  contract,  such  as  time  share,  gym  memberships,  and  book  of  the  month contracts.  If  the  client  wishes  to  get  out  of  future  obligations  under  a  contract,  see Section V.A: Direct Selling, below. In addition, the Act regulates businesses that offer such  contracts  and  other  transactions  that  are  open  to  abuse,  such  as  direct  sales  and
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Revision as of 23:29, 5 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 5, 2021.



A. Overview

This chapter provides a general discussion of consumer protection laws in British Columbia (BC).

While parts of this chapter are concerned with the rights of sellers, the main objective is to aid consumers who want to enforce contractual obligations, cancel contractual obligations, obtain damages for a breach of contract, or file a complaint with the appropriate regulator. This chapter should also help in determining contractual and other obligations of the parties, and whether or not those obligations are enforceable.


B. Common Law vs. Statute

An aggrieved party may have remedies under statutory law, the common law, or both. BC statutes provide better protection to consumers than is afforded by the common law. Since legislation (statutes) takes precedence over the common law, it is crucial to check all relevant statutes (see 11:II A. Legislation) when faced with the legal matters of consumers. For example, some contracts that are enforceable at common law are rendered unenforceable by relevant statutes.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 5, 2021.
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.