Consumer Protection from Deceptive and Unconscionable Acts (11:IV): Difference between revisions
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Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
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, 12 August 2020→A. Does the Act Govern the Contract?
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== A. Does the Act Govern the Contract? == | == A. Does the Act Govern the Contract? == | ||
For a contract to fall under the ''Business Practices and Consumer Protection Act'' [''BPCPA''], the contract must be 1) a consumer transaction, between 2) a consumer and 3) a supplier, as defined by section 1. Each of the three criteria must be fulfilled before relying on the ''BPCPA''. The only exceptions to the applicability of the ''BPCPA'' are those listed under s 2 of the '' | For a contract to fall under the ''Business Practices and Consumer Protection Act'' [''BPCPA''], the contract must be 1) a consumer transaction, between 2) a consumer and 3) a supplier, as defined by section 1. Each of the three criteria must be fulfilled before relying on the ''BPCPA''. The only exceptions to the applicability of the ''BPCPA'' are those listed under s 2 of the ''BPCPA'' and include credit reporting and debt collections practices. These sections of where the ''BPCPA'' apply regardless of whether the transaction or matter involves a consumer or not. Additionally, section 2 (2) outlines the limited application of the ''BPCPA'' to contracts involving the sale, lease, mortgage of or charge on land or chattel real. | ||
=== 1. Consumer Transaction === | === 1. Consumer Transaction === |