What is the legal test for the “buyer beware” principle?
British Columbia, Canada
The following excerpt is from Hardman v. Zvonik, 2020 BCCRT 1469 (CanLII):
21. However, in British Columbia the ‘buyer beware’ principle is limited by the warranties set out in section 18 of the Sale of Goods Act (SGA). Section 18(c) applies to private sales like this one and requires that the goods sold be durable for a reasonable period with normal use, considering the sale’s surrounding circumstances. Determining whether or not the trailer was reasonably durable as required by the SGA involves an assessment of the facts in context to determine what is reasonably durable in the circumstances (Drover v. West Country Auto Sales Inc., 2004 BCPC 454).
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