SOCL 4441 Chapter Notes - Chapter 3: Health Canada, Product Liability, Mens Rea
Document Summary
A party to a purchase or supply contract is entitled to sue for damages for breach of contract if quality, fitness or performance of the product does not comply with the express or implied contract terms. Implied terms: from trade practices, from sales of goods act. In the event that there is no privity nor implied statutory warranties, then the plaintiff must try to prove the seller was negligent in making product. Negligently manufacturing a product, negligently designing it or failing to warn foreseeable users of the product of dangers inherent therein. Although negligence has to be proven in each case, manufacturer will be held strictly liable if a product has a manufacturing defect (i. e. , it was built in a way not intended by the manufacturer) The court will assume there was negligence in the production or its employees and will not require the consumer to establish which it was.
