LAW 525 Lecture Notes - Lecture 5: Short S.27, Arbitration Clause, Rescission
19 Jun 2018
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S. 5- Disclosure of info
oShould be clear and comprehensible and legislation should be provided a copy of the
information
Part 2: rights and of a consumer
S.6- till has all the rights and remedies in law
S.7- the rights given under other laws still stand despite anything you sign in an agreement or
waiver that says otherwise
obusinesses have started to throw in a mandatory arbitration clause
oMeaning you don’t go to the judge, you go to an arbitrator instead
It’s private, so bad publicity will not exist
Any dispute settled through arbitration is final and binding
oA decision in court becomes a precedent
oMandatory arbitration in a consumer agreement is not invalid. A consumer cannot be
prohibited from going to court
But keep in mind its more expensive
S.8- Class Proceedings
oDell is an example
oWhy would they want to prohibit a class action?
Because they’d have to pay for all that and they’ll probably lose if there are so
many people with the same issue against them
S.9- quality of goods and services
o9(1) warrants services under a CA are of reasonably acceptable quality
o9(2) also covers leasing, trading, or otherwise supplying
o9(3) any term or acknowledgement that attempts to negate or vary and implied
condition or warranty under the SGA or CPA are void
o9(4) a well written contract would say: “if any key provision is found to be void, the
whole contract is found to be void”
But this clause avoids that. Any offending term of a contract will be cut out, but
everything else stands. This is good for the consumers
S.10- Estimates
find more resources at oneclass.com
find more resources at oneclass.com
o10(1)- if a CA includes an estimate, the supplier may not exceed that estimate by more
than 10%
o10(2)- legally, if s.10(1) is violated, the consumer only has to pay the amount given by
the original estimate
o10(3)- if additional goods or services are provided, the estimate can be amended
Case study in slides:
a) Pay 105
b) Pay 100
c) Pay 110
S.11- Ambiguities
oAmbiguities are interpreted in the most favourable way to the consumer
S.12- charging the consumer for assistance
oConsumers should not be charged in order to be told what their rights are.
oThey must first be advised of their rights and told that they can do it themselves.
oIf they are still uncomfortable doing it themselves, then you can tell them how much
you charge to do it for them
S.13- unsolicited G or S
oYou show up at home and there’s just a package there for you (usually books or dvds or
cds or leaves raked)
oPeople didn’t realize that there was a contract in the box that said if you didn’t call them
and tell them you don’t want the package, that you agreed you pay for it and then they
threaten you
oMost people would pay because they didn’t know what to do
oThat is now prohibited under s. 13
o13(1) consumer has no obligation to use or dispose of the goods
o13(2) suppliers can’t demand payment for unsolicited goods or services
o13(4) material changed deemed unsolicited
o13(6,7,8) you have a year to realize you didn’t have to pay and you can demand your
money back
S.14-false, misleading, or deceptive representation
o14(1) it is an unfair practice to make a false, misleading or deceptive representation
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
5- disclosure of info, should be clear and comprehensible and legislation should be provided a copy of the information. S. 6- till has all the rights and remedies in law. It"s private, so bad publicity will not exist. Any dispute settled through arbitration is final and binding: a decision in court becomes a precedent, mandatory arbitration in a consumer agreement is not invalid. A consumer cannot be prohibited from going to court. Because they"d have to pay for all that and they"ll probably lose if there are so many people with the same issue against them. Any offending term of a contract will be cut out, but everything else stands. Case study in slides: pay 105, pay 100, pay 110. S. 11- ambiguities: ambiguities are interpreted in the most favourable way to the consumer. S. 14-false, misleading, or deceptive representation: 14(1) it is an unfair practice to make a false, misleading or deceptive representation, s. 14(2) see pg.
