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

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{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = consumer}}
{{LSLAP Manual TOC|expanded = consumer}}


== 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 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.  
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 ==
== 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 ===
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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 [[Direct Sales, Future Performance, and Time Share Contracts (11:V)#A. Direct Sales | Section V.A: Direct Sales]], below. In addition, the Act regulates businesses that offer such contracts and other transactions that are open to abuse, such as direct sales and payday lenders. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.
 
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Latest revision as of 20:07, 29 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.



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.


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.