Consumer Law, 3e
Cases and Materials
Canadian Legal Studies Series

Margaret Ogilvie    (Ed.)

Captus Press, ISBN 978-1-55322-156-2 (2007)
572 pages, 1300 g, 8.5 X 11, $62.25 (US$49.75)
 

Consumer Law: Cases and Materials, 3e is a collection of legal readings and commentary on consumer law. Building on past volumes, this book features a wide range of contemporary discussion materials on such topics as standard form contracts, unfair terms, consumer credit, competition law, class actions, small claims court, co-operatives and credit unions. Among others, this edition contains new examinations of Internet and electronic commerce, the Food and Drug Act, and also offers an updated look at product liability. Appropriate as a single course text, Consumer Law, 3e is also useful in business law courses.

Table of Contents   top

I
The Context of Consumer Law

1 The Growth of Consumerism and the Law
(a) Introduction: The Context of Consumer Protection
(b) The Future of Canadian Consumerism Jacob S. Ziegel
(c) Electronic Commerce, Internet and the Law: A Survey of the Legal Issues Barry B. Sookman

2 The Response of Business
(a) Business Self-regulation

3 The Response of Government
(a) Winners and Losers in the Modern Regulatory System: Must the Consumer Always Lose? Michael J. Trebilcock
(b) Is Canadian Consumer Law Dead?Jacob Ziegel

II
Private Law and Products Liability

4 Self-Help Redress
(a) Consumer Redress Mechanisms for Poor-Quality and Defective Products Iain D.C. Ramsay

5 Private Law
(a) Report on Consumer Warranties and Guarantees in the Sale of Goods Ontario Law Reform Commission
(b) Report on Products Liability Ontario Law Reform Commission
(c) Sale of Goods Act
(d) Consumer Protection Act, 2002
(e) Electronic Commerce Act, 2000
(f) Adams v. Richardson & Starling Ltd.
(g) McMorran v. Dominion Stores Ltd.
(h) Murray v. Sperry Rand Corp.
(i) Buchan v. Ortho Pharmaceutical
(j) L├ętourneau v. Imperial Tobacco Ltd. et al.
(k) Gee v. White Spot Ltd. and Pan et al. vs. White Spot Ltd.

6 Products Liability
(a) Report on Products Liability Ontario Law Reform Commission
(b) Products Liability Bill 1980 (Ontario)
(c) Consumer Product Warranty and Liability Act
(d) Report on Products Liability Ontario Law Reform Commission

7 Conflict of Laws
(a) Conflict of Laws Dean F. Edgell

III
Standard Form Contracts, Exclusion Clauses and Other Unfair Terms

8 Freedom of Contract
(a) The “Normandy Clause”
(b) Report on Consumer Warranties and Guarantees in the Sale of Goods Ontario Law Reform Commission

9 What Is to be Done? Judicial Control Techniques
(a) Mendelssohn v. Normand

10 What Is to be Done? Unconscionability
(a) American Uniform Commercial Code
(b) Unconscionable Transactions Relief Act
(c) Lloyds Bank Ltd. v. Bundy
(d) Harry v. Kreutziger
(e) Canadian Imperial Bank of Commerce v. Ohlson et al.
(f) Unfair Contract Terms Act 1977

IV
Consumers and Consumer Credit

11 Obtaining Credit
(a) Types of Consumer Credit Arrangements R.C.C. Cuming
(b) Privacy and Computers Department of Communication and Justice
(c) Polewsky v. Home Hardware Stores Ltd.
(d) Bank Act
(e) Personal Information Protection and Electronic Documents Act
(f) Consumer Reporting Act
(g) Haskett v. Equifax Canada Inc. et al.

12 Regulating Credit Agreements
(a) Credit Charge Regulation and Disclosure of Credit Charges R.C.C. Cuming
(b) Criminal Code
(c) Interest Act
(d) The Alternative Consumer Credit Market and Financial Sector: Regulatory Issues and Approaches Iain Ramsay
(e) Of Payday Loans and Usury: Further Thoughts Iain Ramsay
(f) Stop N Cash 1450 v. Box

13 Self-Help Debt Collection
(a) Report of the Committee on the Enforcement of Judgment Debts Payne Committee
(b) Debt Collection Practices C.R.B. Dunlop
(c) Criminal Code
(d) Debt Collectors Act
(e) Collection Agencies Act
(f) LaFleur et al. v. Canadian Bond Credits Ltd.
(g) Creditors’ Relief Act
(h) Absconding Debtors Act

14 Enforcement of a Judgment
(a) Rule 60 Enforcement of Orders
(b) Execution Act
(c) Exemptions from Execution
(d) Canadian Perspectives on the Challenges of Consumer Bankruptcies Jacob S. Ziegel

V
What Can Government Do?

15 Regulatory Techniques
(a) Broad Statutory Standards: The Food and Drugs Act
(b) Provision of Information
(c) Control of Trade Practices
(d) Licensing: The Law Society Act

VI
What Can Consumers Do?

16 Small Claims Courts Suits
(a) The Small Claims Court

17 Consumer Class Actions
(a) Class Actions in Canada: An Environmental Perspective Lucy Nissen.
(b) Naken et al. v. General Motors of Canada Ltd. et al.
(c) Class Proceedings Act, 1992

18 Consumer Groups
(a) Consumer Co-operatives and the Rochdale Principles Today Christopher S. Axworthy
(b) Credit Unions in Canada: The Dilemma of Success Christopher S. Axworthy

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