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Thereafter, a plaintiff cancelled the contract based on the SCTA.
The Kobe District Court, original court, rejected the argument of the plaintiff, because he was a business person and the contract was out of the scope of the application of the SCTA.
The law only applies the consumer contract that the consumer forms with a business.
The definition of a consumer, business and consumer contract is not different from afore mentioned definition of the UCPD and the UK law; sec.
Whilst unfair contract terms and conditions are regulated in the Specific Commercial Practices Act, the law applies only specific trading practices.
Article 2 (Definitions) of the CCA (1) The term “Consumer” as used in this Act shall mean individual(s) (however, the same shall not apply in cases where said individual becomes a party to a contract as a business or for the purpose of business).
2.2 Consumer Contract Act The Consumer Contract Act 2000 was enacted in 1999 and enforced on 12th March 2000.
The law regulates not only unfair consumer contract, but also unfair commercial practices, misleading and aggressive conduct.
The Financial Instruments and Exchange Act which regulates the financial services sectors, set a compensation clause concerning a breach of explanation duty.
3 Consumer 3.1 Notion 3.1.1 CCA The CCA defines the consumer as an individual who does not deal with business.