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