What is the test for buyer beware?

Ontario, Canada


The following excerpt is from Arjomandi v. Singh and BMW Canada, 2010 ONSC 5664 (CanLII):

In Sandy v. Ghotra, 2008 CarswellOnt 4485, the plaintiff bought a vehicle from the defendant “without really knowing its ‘true condition.’” There is no mention of what was said between the plaintiff and the defendant before the sale. The vehicle was a “nightmare”. Here, Klein D.J. of the Ontario Superior Court of Justice found simply that: There is no doubt that the plaintiff was sold a defective vehicle and I have little doubt that the ‘vendor’ knew that what he was selling was not at all in good condition. Further, the plaintiff was the victim of a scandalous act by an unscrupulous “vendor.” … The plaintiff is one of thousands of people who each year fall prey to nasty vultures in wait, within the used car industry. Sadly, the plaintiff purchased the vehicle without really checking it out. This is no doubt why people are told to buy used vehicles from reputable dealers. Otherwise, buyer beware! (para. 13)

Other Questions


What is the test for "caveat emptor" or "let the buyer beware" in the sale of land? (Ontario, Canada)
Is a condominium unit substantially upgraded to make it more attractive for sale to a prospective buyer a specific performance? (Ontario, Canada)
What is the test for a buyer’s right to claim an unauthorised shipment of goods from a vendor to purchaser? (Ontario, Canada)
What is the test for appeal against a cost award? (Ontario, Canada)
What is the limitation of a lump sum lump sum award in a long-term relationship? (Ontario, Canada)
What is the test for weight of evidence in a witness case? (Ontario, Canada)
Is a dismissed employee entitled to damages for humiliation, embarrassment and self-esteem? (Ontario, Canada)
What is the test for determining the appropriate venue for a personal injury action? (Ontario, Canada)
What is the test for success in a civil action brought by a plaintiff against two police officers who used excessive force against her? (Ontario, Canada)
When will a party be required to plead "material facts" in a family law case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.