(2) The seller may exercise a right of lien even though the seller is in possession of the goods as agent or bailee for the buyer. R.S.O. R.S.O. 1990, c. S.1, s. 33. [30th june, 1980] be … buyer means a person who buys or agrees to buy goods. 1990, c. S.1, s. 3 (2); 1993, c. 27, Sched. (4) In this section, “mercantile agent” means a mercantile agent having, in the customary course of business as such agent, authority either to sell goods or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods. 39 (1) Subject to this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price. (3) Subsection (2) does not apply to goods the possession of which has been obtained by a buyer under a security agreement whereby the seller retains a security interest within the meaning of the Personal Property Security Act, and the rights of the parties shall be determined by that Act. (2) Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. 1990, c. S.1, s. 24. III of 1951 as Amended by Act VII of 1990] An Act to consolidate and amend the law relating to the levy of a tax on the sale 2[, importation, exportation, production, manufacture or consumption] of goods 34 The buyer shall be deemed to have accepted the goods when the buyer. 1990, c. S.1, s. 3 (2); 1993, c. 27, Sched. R.S.O. R.S.O. R.S.O. (a) that the bulk will correspond with the sample in quality; (b) that the buyer will have a reasonable opportunity of comparing the bulk with the sample; and. 16 (1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. R.S.O. (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. 51 (1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat a breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but may, (a) set up against the seller the breach of warranty in diminution or extinction of the price; or. Stipulation which may be condition or warranty. R.S.O. 2 (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a money consideration, called the price, and there may be a contract of sale between one part owner and another. 1990, c. S.1, s. 30. An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. Wrongful neglect or refusal to take delivery. 3.1. 4. 8 Where there is an agreement to sell specific goods and subsequently the goods without any fault of the seller or buyer perish before the risk passes to the buyer, the agreement is thereby avoided. (2) The unpaid seller of goods having a lien or right of retention thereon does not lose a lien or right of retention by reason only that the seller has obtained judgment for the price of the goods. 13 In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is. 26 (1) Subject to this Act, if goods are sold by a person who is not the owner of them, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner's conduct precludes the … 46 (1) Subject to this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of a right of lien or retention or stoppage in the course of transit. The Consumer Rights Act has made some changes to your rights to return faulty goods and get a refund, replacement or repair, and gives you new rights when you buy digital content. 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