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bigcaat bigcaat
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6 years ago
Standard form contracts employed by sellers are carefully regulated by legislation when it comes to the sale of goods or services to consumers.  Some businesses attempt to prevent consumers by applying to the court to enforce their rights through class actions.  This is done by inserting a term requiring that disputes be resolved by way of arbitration.  In essence, the consumer is precluded from participating in any class action.  Three provinces, Ontario, Alberta and Quebec, have legislated away this benefit to sellers by
a) allowing arbitrators to hear class proceedings.
b) by legislating that arbitration clauses in consumer contracts are void and unenforceable.
c) by increasing the damages that can be awarded against sellers at arbitration.
d) by requiring sellers to bring these onerous terms to the attention of the consumer prior to signing the contract.
e) by forcing sellers to incorporate federally.
Textbook 
The Law and Business Administration in Canada

The Law and Business Administration in Canada


Edition: 14th
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AlexStanfordAlexStanford
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