Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase?
Ontario, Canada
The following excerpt is from Coca-Cola Co. of Canada Ltd. v. Mathews, 1944 CanLII 18 (ON CA):
Again, referring with approval to the judgment of Cardozo J. in MacPherson v. Buick Motor Company (1916), 217 N.Y. 382, he says: “It might be that the course of business, by giving opportunities of examination to the immediate purchaser or otherwise, prevented the relation between manufacturer and the user of the car being so close as to create a duty.”
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