Is a warranty exclusion exclusion of economic loss excluded from the warranty exclusion?
British Columbia, Canada
The following excerpt is from Great West Van Conversions Inc. v Langevin, 2000 BCSC 1830 (CanLII):
The Appellant argues that the trial judge gave insufficient weight to Great West's warranty exclusion of economic loss. I would adopt the rationale of Ruttan J. in Lightburn v. Belmont Sale, supra, at page 741: I conclude that the defendant was in breach of a fundamental term of the contract to purchase a motor car of workable character, capable of giving a sustained reliable performance throughout the year. The defendants cannot rely upon the exempting clauses and I declare that the plaintiff is entitled to declare the contract void for fundamental breach and to have a rescission thereof.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a seller exclude an implied warranty through a contract term? (British Columbia, Canada)
Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is loss of earning capacity an exclusion rider or exclusion rider for personal injury insurance? (British Columbia, Canada)
In the context of social science research and socio-economic data, is there any case law supporting the argument that social science and social economic data are not mutually understood? (British Columbia, Canada)
Is depositing the presumptively excluded funds into the sole name of the party claiming the exclusion entirely, but which account is used for family expenses? (British Columbia, Canada)
What is the case law on economic considerations in a custody dispute? (British Columbia, Canada)
Is detrimental reliance not a necessary element of a claim for pure economic loss? (British Columbia, Canada)
In a personal injury claim, is the claimant less economically self-sufficient than the respondent? (British Columbia, Canada)
Is there any evidence that the claimant advised the Respondent that she was in economic difficulty and that she could not make ends meet? (British Columbia, Canada)
