Exam 15: Sales and Consumer Protection

Gregory went to Collegiate Sports Ltd.with his dad,who asked for some shoes for Gregory suitable for playing squash.Gregory was given a pair of running shoes suitable only for jogging.His dad paid by cash.That evening,wearing the new shoes while playing squash,Gregory broke his ankle.In the ensuing lawsuit,the statement of claim cited the provisions of the Sale of Goods Act.Which of the following is true if it were proven that the shoes were inappropriate and the cause of the injury?

The Competition Act decriminalizes many anti-competitive practices and it is here that a significant change took place with the 2009 amendments.

When goods are traded for other goods,the Sale of Goods Act does not apply.

The transfer of the title and possession of the goods in exchange for money must be intended or anticipated for the Sale of Goods Act to apply.

When the sale of goods is involved and a specific price has not been agreed upon,a reasonable price must be paid.

Explain the rights conveyed in an "unpaid seller's lien."

A warranty under the Sale of Goods Act is a condition the breach of which will allow the victim of the breach to refuse to go through with their side of the agreement.

Joe left his car at Harry's tire store,asking Harry to put a particular model of tire from his stock onto the vehicle while Joe went into his office in town.During the day,the tires were installed on the car,and Joe returned that evening to pick up the car.At what point did title on those tires transfer?

Explain how the abuses usually associated with door-to-door sales are controlled.

Which of the following complaints would lead to a successful action under the Sale of Goods Act?

To which one of the following contracts would the Sale of Goods Act apply?

"Risk" refers to potential loss due to the destruction or damage of the goods.

Explain the liability of the parties on an "accepted" bill of exchange.

Explain how the Bankruptcy and Insolvency Act protects the position of an unpaid seller.

Discuss,in the context of consumer protection,how legislative and other changes have helped to overcome the obstacle created by the principle of privity.

A holder in due course is in the same position as the person from whom a negotiable instrument was received.

Mr.Olde died.Mrs.Olde was treated by a psychiatrist who advised her that part of her difficulty was her trying to make financial decisions that had previously been made by her husband.Upon his advice,she contracted with him to examine her financial situation and to give her a letter advising her,in detail,what steps she should take with regard to 20 or so pressing business decisions.His fee would be $2000.As agreed,he visited her home one evening and examined all the financial records.She issued a cheque payable to him for $2000; the cheque was drawn on the Bank of Montreal,Austin Street branch.As promised,his letter of advice was delivered on the following day-a one-paragraph letter in which all he advised was that she transfer the two income-producing properties into his name so that he could "take care of things for you." Mrs.Olde advised her bank immediately to stop payment on the cheque.Before she did,however,the psychiatrist had endorsed it over to his bank,the Royal Bank at Cambie and 16th Avenue.Given these facts,which one of the following is true?

For an instrument to be negotiable,it must be an unconditional promise to pay a specific amount at some future date or on demand.

What are the rights of the purchasers when the goods do not match the description?

The Sale of Goods Act places certain obligations on the seller with respect to conveying good title.What are those requirements?