Section 1 Rescinding an Offer or Acceptance of an Offer of a Consumer Contract
第一節 消費者契約の申込み又はその承諾の意思表示の取消し
Article 4Rescinding an Offer or Acceptance of an Offer in a Consumer Contract
第四条(消費者契約の申込み又はその承諾の意思表示の取消し)
A consumer may rescind an offer or acceptance of an offer if any of the actions set forth in the following items taken by the business operator in soliciting the consumer to enter into a consumer contract caused the consumer to be under a mistaken belief prescribed in the items and as a result made the offer or communicated the acceptance:
conveying something that is different from the truth with regard to an important matter:a mistaken belief that what has been told is true; and
重要事項について事実と異なることを告げること。 当該告げられた内容が事実であるとの誤認
providing a conclusive assessment of future prices, amount of money that a consumer will receive in the future, or any other matters whose changes in the future is uncertain, in connection with goods, rights, services or other things that may be the subject matter of a consumer contract:a mistaken belief that the conclusive assessment provided is certain.
A consumer may rescind an offer or acceptance of an offer if a business operator, in soliciting the consumer to enter into a consumer contract, conveys to the consumer that an important matter or matters related to the important matter would be advantageous to the consumer, but fails to convey an important fact that would be disadvantageous to the consumer intentionally or in gross negligence (limited to a fact that a consumer would normally think to be non-existent based on what has been conveyed), causing the consumer to mistakenly believe that the fact in question does not exist and therefore the consumer made the offer or communicated the acceptance; provided, however, that this does not apply if the business operator has attempted to convey the fact to the consumer and the consumer has rejected the attempt.
A consumer may rescind an offer or acceptance of an offer in a consumer contract if the consumer manifested that intention as a result of being overwhelmed by any of the following actions taken by the business operator in soliciting the consumer to enter into the consumer contract:
failing to leave the consumer's residence or place of business, despite the consumer manifesting intentions that the business operator leave that place;
preventing the consumer from leaving the place where the business operator is soliciting the consumer to enter into the consumer contract, despite the consumer's intention to leave;
accompanying the consumer to a place without telling the intended solicitation for a consumer contract, knowing that it would be difficult for the consumer willingly to leave the place where the business operator actually solicits the consumer to enter into the consumer contract;
despite the consumer expressing an intent to contact a person other than the business operator by telephone or other means specified by Cabinet Office Order in order to have a consultation on whether or not to enter into the contract, using intimidating words and deeds and preventing the consumer from making the contact in a place where the consumer is being solicited to enter into the consumer contract;
while knowing that a consumer who has little life experience is overly worried about fulfilling the aspirations regarding the following matters, the business operator prompts fears of the consumers and conveys that the goods, rights, services and any other things for the purpose of the consumer contracts are necessary to fulfill the consumer's aspirations although there are no reasonable grounds or rational basis supporting that necessity, in matters such as:
education, employment, marriage, livelihood and other important matters in daily life;
進学、就職、結婚、生計その他の社会生活上の重要な事項
physical appearance, body type and other important matters related to physical characteristics or conditions;
容姿、体型その他の身体の特徴又は状況に関する重要な事項
a consumer who has little life experience develops romantic feelings or other favorable feelings toward a business operator that solicits consumer contracts and knowing that the consumer may mistakenly believe that the business operator has reciprocal feelings toward the consumer, the business operator takes advantage of this situation, tells the consumer that the relationship between them will fail unless the consumer enters into the contract;
while knowing that a consumer is overly worried about maintaining their current life with respect to livelihoods, health and other matters because their decision-making capacity is extremely diminished due to aging or mental and physical disorders, the business operator takes advantage of the situation, prompts their fears and although there are no reasonable grounds for supporting solicitation nor any other rational basis, the business operator states that it will be difficult for the consumer to maintain their current life unless the consumer enters into the consumer contract;
in order to fuel their fear, the business operator indicates to the consumer that supernatural senses or other special abilities, that are difficult reasonably to verify, have shown that it would be impossible to avoid a serious misfortune that could happen in the present or future to the life, body, property, or other important matter of the consumer or a relative of the consumer unless the consumer takes certain measures, or takes advantage of the fact that the consumer holds such fear, and informs the consumer that entering into the consumer contract is indispensable for avoiding those serious misfortunes;
before a consumer makes a manifestation of intention of an offer for a consumer contract or acceptance of such an offer, the business operator implements, in whole or in part, the obligations that are supposed to be fulfilled when the consumer enters into the contract, or changes the substance of the subject matter of the consumer contract, thus making it extremely difficult to restore the situation to the original status before the implementation or change; and
in addition to what is provided for in the preceding item, when the business operator performs investigations, provides information, procures goods, or performs other business activities aiming at concluding a consumer contract before the consumer makes a manifestation of intention of an offer for a consumer contract or acceptance of such an offer, tells the consumer that the business activities have been performed in particular for the consumer, and also requests compensation for time and efforts expended for those business activities despite the fact that there was no special request from the consumer for those business activities, nor any reasonable grounds in light of other business social norms.
A consumer may rescind an offer or acceptance of an offer in a consumer contract if the business operator knew in soliciting the consumer to enter into the consumer contract, that the quantity, the frequency, or the duration (hereinafter referred to in this paragraph as a "quantity, frequency, or duration") of the goods, rights, services or other things for the purpose of the consumer contract greatly exceeded the normal quantity, frequency, or duration for a consumer (meaning the quantity, frequency, or duration that would normally be presumed to be that of the purpose of such a consumer contract in light of the terms and the subject matter of the contract, the consumer's situation in life at the time of the business operator's solicitation to enter into the contract, and the consumer's awareness of this; hereinafter the same applies in this paragraph), and if the consumer manifested the intention to be bound based on that solicitation. The same applies if a business operator knew in soliciting a consumer to enter into a consumer contract, that the consumer had already entered into another consumer contract whose purpose was of the same type as the purpose of the consumer contract the business operator was soliciting (hereinafter referred to in this paragraph as the "contract of the same type") and the total quantity, frequency, or duration of the purpose of the contract of the same type and that of the consumer contract in question greatly exceeds the normal quantity, frequency, or duration for a consumer, and the consumer manifested the intention to be bound based on that solicitation.
消費者は、事業者が消費者契約の締結について勧誘をするに際し、物品、権利、役務その他の当該消費者契約の目的となるものの分量、回数又は期間(以下この項において「分量等」という。)が当該消費者にとっての通常の分量等(消費者契約の目的となるものの内容及び取引条件並びに事業者がその締結について勧誘をする際の消費者の生活の状況及びこれについての当該消費者の認識に照らして当該消費者契約の目的となるものの分量等として通常想定される分量等をいう。以下この項において同じ。)を著しく超えるものであることを知っていた場合において、その勧誘により当該消費者契約の申込み又はその承諾の意思表示をしたときは、これを取り消すことができる。事業者が消費者契約の締結について勧誘をするに際し、消費者が既に当該消費者契約の目的となるものと同種のものを目的とする消費者契約(以下この項において「同種契約」という。)を締結し、当該同種契約の目的となるものの分量等と当該消費者契約の目的となるものの分量等とを合算した分量等が当該消費者にとっての通常の分量等を著しく超えるものであることを知っていた場合において、その勧誘により当該消費者契約の申込み又はその承諾の意思表示をしたときも、同様とする。
The term "important matter" as used in paragraph (1), item (i) and paragraph (2) means the following matters (excluding the matters set forth in item (iii) below, in the case provided for in paragraph (2)) regarding a consumer contract:
the quality, purpose of use, and other details of the goods, rights, services, or other things for the purpose of the consumer contract which would normally influence a consumer's decision as to whether to enter into that contract;
the price and other terms of a transaction involving the goods, rights, services, or other things for the purpose of the consumer contract which would normally influence a consumer's decision as to whether to enter into that contract; and
circumstances other than what are provided for in the preceding two items, in which the goods, rights, services, or other things for the purpose of the consumer contract is generally determined to be necessary in order to avoid damage or risk to the consumer's life, person, property, or other important benefits.
The rescission of an offer or acceptance of an offer of a consumer contract as provided under paragraphs (1) through (4) may not be asserted against a third party not having relevant knowledge and without negligence.
第一項から第四項までの規定による消費者契約の申込み又はその承諾の意思表示の取消しは、これをもって善意でかつ過失がない第三者に対抗することができない。