UNIFORMITY OF LEGISLATION IN CANADA THE CONDITIONAL SALES EXPERIENCE

Authors

  • JACOB S ZIEGEL

Abstract

The Uniform Conditional Sales Act was the first uniform statute drafted by the Conference of Commissioners on Uniformity of Legislation in Canada. In this article the author gives an account of the developments leading to the Uniform Conditional Sales Act, and then evaluates the Conference’s work in the field of conditional sales. The author examines four principal factors inhibiting true uniformity in the common law provinces, namely that the Conference is too prolific, too hesitant, too slow, and sometimes too late in adopting necessary amendments; that even those provinces that have adopted a version of the uniform Act have done so half-heartedly; that the need for uniformity may be exaggerated; and that the Conference has no express constitutional machinery for securing the adoption of its Acts. The author goes on to discuss past instances where the Conference has met particular challenges, and describes problems that have recently arisen in the field of instalment sales. In appendices, the author compares versions of provincial and territorial legislation related to sales, going back as far as 1922.

Keywords:

Conditional Sales, Sale of Goods, Uniformity of Legislation

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Published

1961-05-01

Issue

Section

Legal Commentary