Is a contract for the sale of goods implied in statute or common law?

British Columbia, Canada


The following excerpt is from Northway Motor Inn Ltd. v. Northway Motor Inn (2011) Ltd., 2015 BCSC 60 (CanLII):

The second category involves certain classes of contracts such as employment contracts or contracts for the sale of goods where terms are implied usually by statute or sometimes by common law: Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986. This category does not appear to apply to the contract in question.

Other Questions


What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
Is overtime entitlement implied as an implied term on a contract? (British Columbia, Canada)
What is the test for determining that a common law marriage contract between two equal strength spouses does not need to be subject to the same rules as a commercial contract? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Can an implied term in a commercial contract be implied? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.