Conduct invalidating assent
(1) A contract of sale or lease is a contract for sale or lease by sample if there is a term in the contract, express or implied, to that effect.(2) In a contract for sale or lease by sample,(a) there is an implied condition that the bulk must correspond with the sample in quality,(b) there is an implied condition that the buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample, and(c) there is an implied condition that the goods must be free from any defect rendering them unmerchantable that would not be apparent on reasonable examination of the sample.
(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.(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.(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.
(1) Subject to this or any other Act, a contract of sale may be made in writing, either with or without seal, or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.(2) Nothing in this section affects the law relating to corporations.
(1) When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after the request take delivery of the goods, the buyer is liable to the seller for(a) any loss occasioned by the buyer's neglect or refusal to take delivery, and(b) a reasonable charge for the care and custody of the goods.(2) Nothing in this section affects the rights of the seller if the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.
(1) In this Part, "seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself or herself paid or is directly responsible for the price.(2) The seller of the goods is deemed to be an unpaid seller within the meaning of this Act(a) when the whole of the price has not been paid or tendered, or(b) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled because of the dishonour of the instrument or otherwise.
(1) Subject to this or any other Act, even if the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law(a) a lien on the goods or right to retain them for the price while the seller is in possession of them,(b) in case of the insolvency of the buyer, a right of stopping the goods in transit after the seller has parted with the possession of them, and(c) a right of resale as limited by this Act.(2) If the property in goods has not passed to the buyer, the unpaid seller has, in addition to any other remedies, a right of withholding delivery similar to and coextensive with the seller's rights of lien and stoppage in transit where the property has passed to the buyer.
(1) Subject to this Act, if goods are sold by a person who is not the owner of them, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner's conduct precludes the owner from denying the seller's authority to sell.(2) Nothing in this Act affects the validity of any contract of sale under any special common law or statutory power of sale, or under the order of a court of competent jurisdiction. (1) If the seller delivers to the buyer a quantity of goods less than the seller contracted to sell, the buyer may reject them.(2) If the buyer accepts the delivered goods, the buyer must pay for them at the contract rate.(3) If the seller delivers to the buyer a quantity of goods larger than the seller contracted to sell, the buyer may(a) accept the goods included in the contract and reject the rest, or(b) reject the whole.(4) If the seller delivers to the buyer a quantity of goods larger than the seller contracted to sell and the buyer accepts the whole of the goods delivered, the buyer must pay for them at the contract rate.(5) If the seller delivers to the buyer the goods the seller contracted to sell mixed with the goods of a different description not included in the contract, the buyer may(a) accept the goods that are in accordance with the contract and reject the rest, or(b) reject the whole.(6) This section is subject to any usage of trade, special agreement or course of dealing between the parties.
(1) If goods are sold in market overt, according to the usage of the market, the buyer acquires a good title to the goods, as long as they are bought in good faith and without notice of any defect or want of title on the part of the seller.(2) This section does not affect the law relating to the sale of horses. 48, is deemed for the purposes of subsection (2) to be registered in the personal property registry and the registration continues,(a) in the case of an interest in a motor vehicle registered under section 7 of the , R. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery by instalments.(2) If there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is(a) a repudiation of the whole contract, or(b) a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.