Commercial and Consumer Sales Transactions, now in its fourth edition, provides a comprehensive overview of Canadian sales law with a focus on the parties’ substantive rights and obligations and how these rights are enforced (or not enforced) in practice, particularly in the consumer area. Topics covered include:

• The impact of electronic commerce on contractual relations
• Seller’s implied obligations with respect to description, quality, and delivery
• Transfer of title between owners and non-owners
• Manufacturer’s liability
• A range of buyer’s remedies

• Preface to the Fourth Edition
• Acknowledgments
• Detailed Table of Contents
• Table of Cases
• Table of Abbreviations
• Concordance of Sale of Goods Acts
• Chapter 1: Evolution of Modern Sales and Consumer Law
• Sales Law
• The Development of Canadian Consumer Law
• The Impact of Electronic Commerce on Commercial and Consumer Transactions
• Chapter 2: Concept of Sale
• Introduction
• Lease or Sale: The Form and Substance Problem
• Contracts for Work and Materials
• Consignment Agreements, Contracts of “Sale or Return” and Sales “On Approval”
• Chapter 3: Formation of the Contract
• Introduction
• The Contractual Problems in Consumer Transactions
• Writing Requirements
• Writing Requirements in the Digital Age and the Shrinkwrap Problem
• Consequences of Non-Compliance with Consumer Writing Requirements
• Consumer Protection and the Contract Making Process: Specific Responses
• Contract Policing: A Generalized Doctrine of Unconscionability
• Chapter 4: Scope of the Contract
• Private Law Aspects
• Characterization of Contractual Terms
• Manufacturers’ Representations
• Public Law Aspects of False Advertising
• Chapter 5: Seller’s Implied Obligations: Title, Quiet Possession and Freedom from Encumbrances
• Chapter 6: Seller’s Implied Obligations with Respect to Description
• Chapter 7: Seller’s Implied Obligations with Respect to Quality
• Chapter 8: Seller’s Implied Obligations: Fitness for Use, Sales by Sample, Private Sales, and Food and Drug Laws
• The Implied Conditions in a Sale by Sample
• Private Sales
• Public Control of Food, Drugs and Hazardous Products
• Chapter 9: Manufacturer’s Liability for Defective Goods: The Privity Problem
• Introduction
• Judicial and Legislative Developments
• The Problem of Horizontal Privity and the Position of Subsequent Transferees
• Chapter 10: Manufacturer’s Express Performance Warranties
• Chapter 11: Seller’s Delivery Obligations
• Meaning of Delivery
• Time of Delivery
• Use and Interpretation of Mercantile Shipping Terms
• Delivery and Documents of Title
• Chapter 12: Risk of Loss and Frustration of the Contract of Sale
• Risk of Loss
• Frustration of Contract of Sale
• Chapter 13: Property (Title) Aspects of the Contract of Sale: Transfer of Title Between Seller and Buyer
• Chapter 14: Property (Title) Aspects of the Contract of Sale: Transfer of Title by Non-Owner
• Introduction
• Estoppel
• Mercantile Agents
• Seller in Possession
• Buyer in Possession
• Voidable Title
• Reform
• Chapter 15: Buyer’s Obligations and Seller’s Remedies for Buyer’s Breach
• Introduction
• Actions for the Price
• Seller’s Right of Resale
• Measurement of Damages in Lost Volume Sales
• Anticipatory Repudiation and Measurement of Damages
• Relief from Forfeiture of Monies Paid
• Chapter 16: Buyer’s Remedies for Breach of Seller’s Obligations: Right of Rejection
• Chapter 17: Buyer’s Remedies: Damages, Specific Performance and Other Remedies
• The Measure of Damages
• Specific Performance, Actions in Detinue and Replevin Remedies
• Chapter 18: Disclaimers and Limitations of Liability, Choice of Law and Jurisdictional Clauses, and Class Actions
• Introduction
• The Role of Disclaimer Clauses
• Judicial Reactions
• Legislative Reactions
• Choice of Law and Jurisdictional Clauses, and Class Actions

Appendix: Vehicle Purchase Agreement