Does Buyer Beware Apply In Ontario?
Among Others, Laws Such As the Consumer Protect Act, 2002 Govern Various Mandatory Rights and Responsibilities Within Transactions Involving a Business and Consumer. Common Concerns Include Fairness and Quality Warranties.
Understanding the Rights and Duties Involving Consumer Protection Laws Including Remedies For Wrongdoing
In the world of commerce, and in particular matters of consumer transactions, the individual person as a purchasing consumer is often at significant disadvantage in business dealings, especially when such business dealings involve large corporations. To help balance the playing field, so to help ensure that individual consumers receive fairness during business dealings, consumer protection laws were put into place.
Without the protection of consumer protection statutes, consumers would be subjected to the common law and the age old adage of buyer beware or caveat emptor as such is known in Latin) and often referred to within historical legal precedents.
Common Issues Include:
Involves deceiving statements containing untruths or omissions.
Includes sale of goods, such as automobiles, with certain defects.
Involves unfair demands for the payment of additional monies.
Includes the failure to deliver goods or perform services on time.
Involves failing to use written contracts when legally required to do so.
Includes the wrongful denial to allow product exchanges or returns.
The law contains many statutes that contain provisions providing protection to consumers including, among various others:
- The Consumer Protection Act, 2002, S.O. 2002, Chapter 30, Schedule A;
- The Competition Act, R.S.C. 1985, c. C-34; and
- The Sale of Goods Act, R.S.O. 1990, c. S.1.
In addition to the statute laws as above, and despite caveat emptor principles, the common law as ruled by judges also contains protections for consumers such as implied warranties requiring sellers to supply products appropriate for the intended purpose or for the performance of good work.
Although Ontario law lacks a specific 'lemon law', in some circumstances there are various laws that apply in such a way as to protect a purchaser of a...Learn More