Consumer Products In New Brunswick — Fidem Habeat Emptor; The C.P.W.L.A. — Its Scope and Warranties

Abstract

The inability of the Sale of Goods Act to meet modern consumer protection needs prompted enactment of New Brunswick's Consumer Product Warranty and Liability Act. The new Act incorporates a comprehensive legislative scheme to deal with all aspects of consumer warranties attempting to give effect to the reasonable expectations of today's buyers and suppliers of consumer products. In this article the author provides a detailed commentary on the scope and application of the C.P.W.L.A. and critically examines the express and implied warranties it creates. The New Brunswick legislation is analyzed against the background of the general sales law which it reacts against or clarifies and in comparison with precedent and subsequent reform proposals and enactments
in other jurisdictions.