Difference between revisions of "Contracts Overview"

A number of '''terms are implied''' in various consumer and credit contracts by statute. For example, certain warranties and conditions are implied in consumer [[Sale of Goods Law|sales of goods]] and [[Leases|leases]] under the [http://canlii.ca/t/84c2 ''Sale of Goods Act''].

A number of statutes say that the additional implied terms or protections given to consumers by that law '''cannot be given up''' by a consumer, even if there is a term in the agreement that says the consumer waives the right to have that protection. That is, the consumer is protected from contracting out of certain rights. These statutes include the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], the [http://canlii.ca/t/7vh8 ''Interest Act''] and the [http://canlii.ca/t/84c2 ''Sale of Goods Act''].

'''Estimates''' are a difficult area of the law. The case law suggests that whether estimates are binding depends on the intention of the parties to the agreement. The interpretation of an estimate can be complicated when the estimate is not for a specific figure, but is given as a range or in descriptive terms such as “standard price”. For a case that considers the principles of law governing estimates, see ''ABCO Diesel Ltd. v. Dolphin Delivery Ltd''. Note also that estimates are addressed in the ''Business Practices and Consumer Protection Act'', [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec4_smooth section 4(3)(c)(iii)].

The [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth ''Business Practices and Consumer Protection Act''] and the [http://canlii.ca/t/52v92 Consumer Contracts Regulation] define a '''future performance contract''' as a contract for the supply of goods or services costing more than $50, where the delivery of the goods or performance of the services (by the supplier), or payment for either (by the consumer), is not made when the contract is signed. “Supply” is defined to include a sale, lease, assignment, etc. Future performance contracts do not include contracts for the supply of goods or services under a credit agreement if the goods or services have been supplied, and do not cover timeshare contracts. The ''Business Practices and Consumer Protection Act'' regulates future performance contracts.