implied condition that the goods correspond with the description, are fit for the purpose, are of merchantable quality, of durability, that the bulk will correspond with the sample in quality, a reasonable opportunity to compare the bulk and sample, free from any defect rendering the goods unmerchantable that is not apparent on reasonable inspection s.20(3) states that in this standard consumer context for new or used goods, the parties cannot contract out of s.16, which deals with 3rd party interests an implied condition that the seller has the right to sell the goods, quiet enjoyment, and free from any charge or encumbrance Tilden v. Clendenning: In the consumer setting, a signature is not enough to hold the buyer to an onerous exclusion clause. The party seeking to enforce the exclusion clause must prove that it took measures to inform the other party. Harry v. Kreutziger: Unconscionability issues arise in the making of the contract and can lead to rescission. Inequality of bargaining power + substantial unfairness in the bargain = a presumption of unfairness that the stronger party must rebut. Judge the transaction to determine whether it is divergent from community standards of morality. Gaertner v. Fiesta Dance Studios: Simply doing justice can be a sufficient basis for protecting weaker parties. The court will not protect people who enter into foolish contracts, but they will not enforce a contract where a weaker party has been fraudulently induced into payment.
implied condition that the goods correspond with the description, are fit for the purpose, are of merchantable quality, of durability, that the bulk will correspond with the sample in quality, a reasonable opportunity to compare the bulk and sample, free from any defect rendering the goods unmerchantable that is not apparent on reasonable inspection s.20(3) states that in this standard consumer context for new or used goods, the parties cannot contract out of s.16, which deals with 3rd party interests an implied condition that the seller has the right to sell the goods, quiet enjoyment, and free from any charge or encumbrance Tilden v. Clendenning: In the consumer setting, a signature is not enough to hold the buyer to an onerous exclusion clause. The party seeking to enforce the exclusion clause must prove that it took measures to inform the other party. Harry v. Kreutziger: Unconscionability issues arise in the making of the contract and can lead to rescission. Inequality of bargaining power + substantial unfairness in the bargain = a presumption of unfairness that the stronger party must rebut. Judge the transaction to determine whether it is divergent from community standards of morality. Gaertner v. Fiesta Dance Studios: Simply doing justice can be a sufficient basis for protecting weaker parties. The court will not protect people who enter into foolish contracts, but they will not enforce a contract where a weaker party has been fraudulently induced into payment.