Consumer Products – Implied Warranty
Fact
Situation: In October 1990, Mr. Harris purchased a 1991 37-foot motor home. From the day Mr. Harris took delivery
he experienced problems with the unit. Mr. Harris called Leisure Time Sales, where he had purchased the motor home, with a
list of problems. Leisure Times repaired it. Again, the same year Mr. Harris experienced further problems with his new motor
home while attempting to go to Florida. He asked Leisure Time Sales to repair it. Again and again in 1991, the motor home
continued to have problems needing repairs, and more repairs and then some.
Finally, later in 1991, Mr. Harris called
Leisure Time Sales and told them to come to his residence and take the motor home and to give him back his money.
Question: Can
Mr. Harris get back his money after signing a sale contract for the motor home and using it for 1 ½ year?
Answer: Yes.
The motor home that Mr. Harris purchased is a consumer product and is subject to the Consumer Products Warranty and Liability
Act that protects Consumers.
Tip (Legal Advice): What to do – What or How to Avoid
Problem:
In every contract for the sale or supply of a consumer product there is an implied warranty given
by the seller to the buyer which states that the product is of such quality, in such state or condition, and as fit for the
purpose or purposes for which products of that kind are normally used.
“If you buy a consumer product and that
product is not in a condition to be fit for the purpose for which it is normally used as, don’t hesitate to return it
and ask for your money back!”
Confidential Information – Employee’s Duty
Fact Situation: Jimmy had been the general manager of Canada Manufacturing Inc. and had access to customer
lists, customer orders and discounts, financial information, pricing policies and supplier lists. He never signed a confidentiality
agreement or a noncompetitive agreement. When Jimmy left his employment he started his own business and competed against Canada
Manufacturing Inc. Canada Manufacturing Inc. alleged that Jimmy was using information belonging to it to solicit customers
and to induce Canada Manufacturing Inc. employees to work for him.
Question: Was Jimmy ordered to pay monetary
damages and refrained from doing this?
Answer: Yes. Where an employee is placed in a position of confidence
with access to confidential information, he or she has a duty, independent of any formal contract, which prevents him or her
from utilizing any confidential information to obtain any business advantage. Jimmy breached that duty of loyalty and confidence.
Tip (Legal Advice): What to do – What or How to Avoid Problem:
All confidential information
related to your employment is not your property. BE NICE AND WISE – keep it to yourself.
These
legal tips are for information purposes only and cannot be used as legal opinions. Presented by the law office of Lyne A Thériault
in Grand Falls, New Brunswick. Telephone 506.473.5046 Visit our website on Mighty Grand Falls.
