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
