Exam 14: Sale of Goods and Consumer Contracts

Explain the difference between a deposit and a down payment.

What is wrongful detention,and what does it entitle a buyer to do?

Philip lives in a small apartment in Toronto along with his elderly mother.He has a phone in his name.Although she is ill and requires regular care from Philip,he is routinely distracted by telemarketing communications from one particular business attempting to sell him travel packages.Philip asked them not to call back but the telephone communications continued.He decided to look into the matter and found that a recently established "National Do Not Call List" had been established by the Canadian Radio-television and Telecommunications Commission.Philip proceeded to register his number.As a result,telemarketers must not call to solicit.Which of the following is not an exception permitting telemarketers to call Philip's number?

The Criminal Code of Canada sets a maximum "legal" interest rate,and the federal Interest Act requires that interest rates in written contracts be expressed in annual percentages.

The vendor's remedy of lien only exists in certain circumstances.List three circumstances in which a contract of sale creates a right of lien for the seller.

What type of a sale of goods is subject to an implied condition that the goods shall be of merchantable quality,and under what circumstances is that implied condition avoided by the seller?

"The sole warranty between the seller and buyer is the warranty set out in this contract." This written statement is an example of

Playgrounds Inc.manufactures playgrounds for children of all ages.After discussions with a representative of Playgrounds Inc. ,and relying on those discussions,Happy High School orders a playground from Playgrounds Inc. ,specifying that the playground is for older children and teenagers,age 9 and over.Playgrounds Inc.delivers a playground that,when assembled,is only 1.25 metres high and cannot be used by Happy High School's children.Happy High School refuses to keep the playground and will say that under the Sale of Goods Act

Janice purchased a new home and entered into a rental contract for a sprinkler system.There were no services provided by the lawn care company,only the sprinkler system itself which was installed by Janice.One of the sprinkler heads did not function properly and ran continuously after hours.Janice's basement flooded and she sued the company for damages.The contract contained an exemption clause restricting the lawn care company's liability for water damage to $100.Additionally the contract did not include any express term with respect to fitness for purpose.In these circumstances,given that services were not provided by the seller in relation to a consumer contract,Janice would likely

Which of the following is NOT a remedy of the buyer?

A,a thief,steals 100 stereo amplifiers from B's warehouse and takes them to a flea market,where he sets up a stand that makes it appear that his business is selling stereo equipment.B finds out that A has sold an amplifier to C,an amplifier dealer.In this case,under the Ontario Sale of Goods Act,

When goods are sold by sample as well as description,which of the following statements is correct?

Amanda sold goods at a flea market.She displayed her goods on a large table and marked the price with a label on each item.Dalton chose a piece of china from Amanda's table and paid her the labelled price of $59.Two days later,he returned and demanded his money back based on the fact that the piece of china was not "Royal Crown" but "Crowne Royale." Does Amanda have to return his money? What principle of law governs in this case?

Jack viewed a 1995 Mustang on the lot of Tim's Quality Autos Ltd.(Tim's).Jack approached Tim's and enquired about purchasing a vehicle.On January 5th,Jack signed a purchase agreement with Tim's to purchase the vehicle. a.Tim's was required to fix the lock on the driver's door before delivering the vehicle to Jack.They then did fix the lock and notified Jack the car was ready.However,just prior to Jack's picking up the vehicle,it was mysteriously damaged.Who is responsible to fix the damages as between Tim's and Jack? b.If the agreed-upon purchase price for the vehicle was $9000 and Jack paid a $5000 deposit when the agreement was signed and thereafter discovered that the vehicle was encumbered with a $6000 chattel mortgage,what courses of action are available to Jack,and what is the best one?

Why is it important that a consumer who has financed a purchase have the same rights against the finance company as against the merchant who sold the goods? What law gives the consumer this assurance?

Every year at the end of the selling season in September,Jones & Co. ,a furniture manufacturer,offers special discounts on wholesale prices for the furniture it has not sold.S Co.goes to Jones & Co.'s warehouse and buys all remaining leather sofas and pays for them.In the presence of S Co.'s representative,the sofas are immediately set aside on the warehouse loading dock for pick up by S Co.the next day.That night,the sofas are destroyed by a warehouse fire.In this case,

A sanction intended to compel acceptance upon delivery of goods is called a

When a buyer relies on a catalogue and a sample in placing an order,the Sale of Goods Act implies

Discuss the difference between title to goods,ownership,and possession of goods,using a consignment agreement to illustrate your point.

A cooling-off period in door-to-door selling