Duhaime's Law Dictionary


As Is Definition:

That a product is sold in the condition in which it then exists.

In MacLeod, Paulette MacLeod bought a used car from Henry Ens. The contract of sale stated that the plaintiff took the vehicle as is. She drove the car for 68 miles and it then broke down. She sued Ens.

Justice Cameron of the Saskatchewan Court of Appeal wrote:

"The term as is (means) that the product is bought and sold in the condition in which it then exists, for better or for worse, with altogether no warranties in relation to quality, durability, or fitness, and with the entire risk in those respects to be borne by the buyer."

However, in that particular case, the Court found that the Province had, in 1982, a consumers products warranties statute which had the effect of voiding Mr. Ens' exclusion clause.

REFERENCES:

  • MacLeod v. Ens 135 DLR 3d 365; and at (1982) 3 WWR 653; 15 Sask.R. 73; 14 ACWS 2d 204 and 1982 SJ 329

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