Commentary

265.2 Reduction for handling by consumer

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

265.2 Reduction for handling by consumer

| Commentary

265.2 Reduction for handling by consumer

If, in the case of a sales contract, the handling of the goods by the consumer has caused a diminution in their value, if the handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods1, the trader may recover an amount equal to the value of the diminution, as long as that does not exceed the contract price2.

The trader may recover an amount the equal to the value of the diminution by:

  1. 265.2.1

        deducting it from the amount to be reimbursed; or

  2. 265.2.2

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial