For I am well aware that scarcely a single point is discussed in this volume on which facts cannot b - PowerPoint PPT Presentation

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For I am well aware that scarcely a single point is discussed in this volume on which facts cannot b

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... any term of a contract of sale or lease, or any collateral or contemporaneous ... (b) if a collateral or contemporaneous contract or agreement, void. ... – PowerPoint PPT presentation

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Title: For I am well aware that scarcely a single point is discussed in this volume on which facts cannot b


1
For I am well aware that scarcely a
single point is discussed in this volume on which
facts cannot be adduced, often apparently leading
to conclusions directly opposite to those at
which I have arrived.  Charles Darwin, The
Origin of the Species.
2
Disclaimers and Limitations of Liability,
Choice of Law and Jurisdictional Clauses, and
Class Actions.
3
Disclaimer clauses
4
BUSINESS PRACTICES AND CONSUMER PROTECTION
ACTDivision 2 Unconscionable Acts or Practices
5
Class actions
6
Electronic Transactions Act 2001 Class
Proceedings Act 1992
7
BC SGA, s. 20 (1) For the purpose of
this section, retail sale or lease includes every
contract of sale or lease made by a seller or
lessor in the ordinary course of the seller's or
lessor's business but does not include a sale or
lease of goods(a) to a purchaser for resale or
to a lessee for subletting,(b) to a purchaser or
lessee who intends to use the goods primarily for
business purposes,(c) to a corporation or an
industrial or commercial enterprise, or(d) by a
trustee in bankruptcy, a liquidator or sheriff.
8
(2) Despite section 18 (e) or 69, in
the case of a retail sale or lease of goods,
other than goods that on reasonable inspection
appear to be used goods or goods that are
described or represented by the seller or lessor
to be used, any term of a contract of sale or
lease, or any collateral or contemporaneous
contract or agreement, that purports to negative
or in any way diminish the conditions or
warranties under sections 17, 18 and 19 of this
Act, is,(a) if a term, severable from the
contract and void, or(b) if a collateral or
contemporaneous contract or agreement, void.
9
(3) Despite section 18 (e) or 69, in
the case of a retail sale or lease of new or used
goods, (a) any term of a contract of sale or
lease, or (b) any collateral or contemporaneous
contract or agreement,that purports to negative
or in any way diminish the condition or warranty
under section 16 is,(c) if a term, severable
from the contract and void, or (d) if a
collateral or contemporaneous contract or
agreement, void.
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