The purpose of the Sale of Goods Act is to imply terms into any contract of sale
Question:
The purpose of the Sale of Goods Act is to imply terms into any contract of sale where the parties have not specifically agreed otherwise. In some provinces a few of these terms are imposed and any attempt to override them is void. Some other provinces accomplish the same result through separate consumer protection legislation. Consider whether the parties should be able to contract out of any of the terms of the Sale of Goods Act. Should such restrictions apply to both consumer and business transactions? Should there be any provision of the Sale of Goods Act that the parties cannot limit in this way? Should there be a distinction made between consumer and commercial transaction? Consider also consumer legislation generally. Should such legislation ever interfere with the parties’ rights to have whatever terms they deem appropriate in a contract, whether it relates to a consumer transaction or not? Do such restrictions unduly interfere with the commercial process?
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