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does not cover an agreement to supplyservices, even if goods are incidentallyinvolved.In addition to the SGA, the AtlanticProvinces have passed a variety of otheracts geared towards consumer protection.For example, Newfoundland and Labradorconsolidated its consumer protectionlegislation into a single enactment, theConsumer Protection and BusinessPractices Act, which prohibits unfair andunconscionable business practices andprovides a right of action against a supplierwhere a consumer has suffered damage asa result of an unfair trade practice. PrinceEdward Island’s Business Practices Act alsoprohibits unfair practices and allows theconsumer to rescind an unfair agreementand seek damages, or to recover thedifference between the amount paid and thefair market value of the goods or serviceswhere rescission is no longer possible orwould deprive a third party of a rightacquired in good faith and for value. NovaScotia and Prince Edward Island both havea Consumer Protection Act which containsmore implied terms and warranties forcontracts of goods and services, and affectsthe rights of creditors and debtors.In New Brunswick, the Consumer ProductWarranty and Liability Act (“CPWLA”)provides that any statement made by asupplier, whether written, oral or inadvertising, becomes an express warranty ifthe buyer reasonably relies upon it inpurchasing a product. The CPWLA alsoestablishes a number of implied warrantiescovering title, quality and fitness, andcontains a product liability section whichimposes strict liability on a supplier forlosses suffered by consumers as a result ofdefective consumer products, irrespective ofany contract or negligence.The other Atlantic Canadian provinces donot have legislation dealing with productliability. However, product liability claimsmay be maintained by parties under thecommon law principles of negligence andunder the law of contract for breaches ofcontractual warranties or conditions. Thenormal measure of damages in negligenceis for reasonably foreseeable losses.Personal injury and property damageawards are intended to be compensatory.On rare occasions, punitive damages mayalso be awarded. A recent developmentwhich may have an impact on productliability award levels is the emergence ofclass action lawsuits. In 2001,Newfoundland and Labrador passed itsClass Actions Act, in 2006 New Brunswickpassed its Class Proceedings Act and in2007 Nova Scotia passed its ClassProceedings Act. To date, Prince EdwardIsland has not introduced similar legislation.Like other Canadian provinces, class actionlawsuits in Newfoundland and Labradorhave become more frequent over time. Asimilar experience is expected in NewBrunswick and Nova Scotia. By makingaccess to such lawsuits more affordable forindividual claimants, it seems likely thatoverall awards for product liability claims willincrease in the coming years.Other consumer protection legislation canbe found in provincial acts which specifyborrowing cost disclosure requirements thatmust be complied with by businesses thatextend credit. As well, all the AtlanticProvinces have enacted comparableUnconscionable Transactions Relief Acts,which provides relief to debtors inTrade and Business Conduct Regulation53

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