Exam 27: Interests in Land

The Strong Arm Collection Agency had a number of debts to collect from Sam, a delinquent debtor. The agency sent Harry to see Sam, and present him with a demand for payment that was drawn to resemble a court summons. Harry delivered the demand, but before he departed, threatened to "beat up" Sam, and inform Sam's employer that he was a "deadbeat," if he did not pay the debt promptly. Harry is not entitled to use any physical threats, force, or pressure against Sam.

All commissions of unfair business practices entitle consumers to receive exemplary damages or to rescind the agreement entered into.

John purchased a compact car from Riser Used Cars in Toronto. When John test drove the car he noticed it had brand new tires, but the interior upholstery was quite worn. John was informed by Riser's salesman that the car had been exclusively owned by an elderly lady who drove only in the summer months. The car was sold with a 40-day warranty on safety items only. Within a week after picking up the car John experienced two flat tires, which he discovered were completely bald, and the windshield wipers and heater stopped working. The car dealership is subject to a statutory warranty that the car will be durable for a reasonable period of time.

Elliot purchased a bicycle helmet for his son, Michael. Elliot had seen a sticker on the box with large CSSA letters on it. Elliot mistook this for the Canadian Standards Association mark of approval. In reality, the sticker represented that the product had passed the Company Safety Standard Application. Using the mistaken labelling as the basis for his purchase, Elliot bought the helmet. After an accident on his bike, Elliot's son Michael, who was wearing the helmet, suffered many cuts and injuries to his head. Upset with the helmet's safety performance, Elliot brought legal action against the manufacturer and the Canadian Standards Association. Discuss all the issues that this scenario raises under Consumer Protection Legislation.

Phil entered into an agreement with Marina Boats for the purchase of a new sail boat for $21,000. The purchase was to be on credit, subject to a favourable credit report on Phil. Marina Boats checked with Credit Reporting Company, and was informed that Phil had defaulted on a number of debts, and presently had judgments in the amount of $30,000 against him. In most jurisdictions, credit reporting legislation requires either the permission of the debtor, or notice to the debtor of an intention to obtain a consumer credit report on the debtor.

Some Canadian provinces have enacted comprehensive legislation for the protection of consumers. Explain how such legislation arose in our legal system, emphasizing in your answer notions of freedom of contract and caveat emptor Do you agree with such legislation?

Bedford operates a collection agency, which has as its primary clients discount furniture and stereo equipment retailers. His customers are typically owed amounts under $2 000. Bedford often finds himself under considerable pressure from his clients to recover outstanding monies quickly.

The Strong Arm Collection Agency had a number of debts to collect from Sam, a delinquent debtor. The agency sent Harry to see Sam, and present him with a demand for payment that was drawn to resemble a court summons. Harry delivered the demand, but before he departed, threatened to "beat up" Sam, and inform Sam's employer that he was a "deadbeat," if he did not pay the debt promptly. Harry is entitled to use reasonable force to collect the money, provided that the force is used only against the debtor, Sam.

Consumer protection legislation may be instituted as a result of which of the following business activities:

The Strong Arm Collection Agency had a number of debts to collect from Sam, a delinquent debtor. The agency sent Harry to see Sam, and present him with a demand for payment that was drawn to resemble a court summons. Harry delivered the demand, but before he departed, threatened to "beat up" Sam, and inform Sam's employer that he was a "deadbeat," if he did not pay the debt promptly. The Strong Arm Collection Agency must be licensed in the province in which it operates, and if it repeatedly uses methods of collection prohibited by the statute, its licence to operate may be revoked.

Ming-Yu and her husband, Dan, ran a dry-cleaning company, which also provided a conventional "wash, fluff, and fold" laundry service to its customers. The laundry facilities were located at the rear of the building and consisted of several large-size washing machines and dryers. Also located in this part of the building was a standard floor drain into which spills would flow. The drain had been working poorly and a succession of plumbers and their various methods had not succeeded in making it work properly. Ming-Yu had become frustrated with the drain and purchased a liquid drain opener, "Drainthru." She poured two cups of the liquid into the drain and waited On the bottle of the product appeared the following small print: DIRECTIONS: Floor Drains - Use 8 oz. of contents and let stand for 5 minutes. Flush. Repeat if necessary. FOR YOUR OWN SAFETY: Contains sulphuric acid. Do not use where other drain chemicals are present. Avoid contact with eyes, skin and clothing. Do not breathe fumes. The following morning, Ming-Yu saw no appreciable difference in the state of the drain. She purchased another drain opener, this time a tin of lye. After putting on rubber gloves, she pored two spoonfuls of the lye flakes into the drain and stirred it about. The lye container bore the following label: GENERAL USES: For Clogged drains - insert 3 tablespoons of lye past the grid of the drain and add two cups of warm water. Let solution stand for 1/2 hour and then flush with boiling water. CAUTION: Contains Sodium Hydroxide. Avoid contact with eyes, skin and clothing. There were no hazardous products symbols on either container of drain opener. Just as Ming-Yu had finished adding the lye into the drain, she noticed a strong burning odour. Suddenly a violent eruption occurred in the drain, spewing liquid out of the drain directly into Ming-Yu's face. The explosion was a result of combining the chemicals of the different drain openers in the trap of the drain. As a result, Ming-Yu was permanently blinded. What action may Ming-Yu take in these circumstances? What is the nature of liability faced by the manufacturers of the two products?

The Strong Arm Collection Agency had a number of debts to collect from Sam, a delinquent debtor. The agency sent Harry to see Sam, and present him with a demand for payment that was drawn to resemble a court summons. Harry delivered the demand, but before he departed, threatened to "beat up" Sam, and inform Sam's employer that he was a "deadbeat," if he did not pay the debt promptly. If Sam does not pay, Harry is free to inform Sam's employer that Sam is a delinquent debtor.

Phil entered into an agreement with Marina Boats for the purchase of a new sail boat for $21,000. The purchase was to be on credit, subject to a favourable credit report on Phil. Marina Boats checked with Credit Reporting Company, and was informed that Phil had defaulted on a number of debts, and presently had judgments in the amount of $30,000 against him. If credit is denied because of an unfavourable credit report, in most jurisdictions, the seller must inform the buyer of the reason for the refusal of credit.

Mike visits an electronics store having seen an advertisement for a computer at a very attractive price. The salesperson shows him the computer willingly and describes the attributes. With a whisper, the salesperson says "I'm not supposed to point this out, 'cause the manager would kill me, but even though this computer is cheaper, it's a real dog. No quality. This computer over here, while it costs more, you are looking at much more value for money." Mike is impressed at the forthrightness and the fact that the employee is taking a risk to help him make a good choice He buys the computer. The following week he notices advertisements for the model of computer he has just purchased, at prices between 20% and 30% below the price he paid. Not only may the store face a fine, but Mike may rescind the transaction.

Intending to purchase laundry detergent, Wendy went to her neighbourhood supermarket where her favourite brand was advertised on sale for $4.99 for a 5-kilogram box. When she arrived there were no boxes of her brand left but the store's house brand was prominently displayed for sale also at $4.99 for the same size box. At the checkout the price appears as $4.59 when the clerk scans the UPC bar code. Wendy has substituted the house brand for her favourite brand, but is entitled to pay $4.59.

The Province of Ontario, in 2005, brought into effect new consumer protection legislation that incorporated the Consumer Protection Act, the Consumer Protection Bureau Act, the Law Brokers Act, as well as which other Act(s)?

Consumer protection legislation

One of the first types of sellers to be regulated by consumer protection legislation in 1260 was

Jelly candies are shaped like rounded-off coffee creamers and filled with flavoured gelatin and a chunk of fruit. How is this product regulated?