Consumer Protection Laws

"8. The consumer may demand the nullity of a contract or a reduction in his obligations thereunder where the disproportion between the respective obligations of the parties is so great as to amount to exploitation of the consumer or where the obligation of the consumer is excessive, harsh or unconscionable. 1978, c. 9, s. 8.

Quebec Consumer Protection Act"

Première Électronique Plus Inc. v. Québec (Procureur Général), 2003-08-22, QCCS 200-36-001033-026

The Consumer Protection Act applies to every contract for goods and services entered into between a consumer and a merchant in the course of his business [section 2]. A "consumer" is "a natural person, except a merchant who obtains goods or services for the purposes of his business" [section 1(e)]. The two key elements are the quality of the person and the end use of the goods or services [Première Électronique Plus Inc. v. Québec (Procureur Général), 2003-08-22, QCCS 200-36-001033-026]. As the definition of consumer applies only to a natural person, i.e. an individual, it therefore excludes a group of persons acting together, a civil or commercial partnership or a legal entity. The end use of the goods or services is defined in the negative - anyone who operates a commercial business is not a consumer. By implication, personal, family or domestic activities are clearly protected by the Consumer Protection Act. The courts have extended this protection to the professional use of goods or services by a professional or artisan, including a farmer or trucker. The Consumer Protection Act contains various provisions that regulate financing agreements with consumers. Therefore, prior to entering into a contract with an individual, a careful analysis of the quality in which the individual is acting, as well as the purpose of the transaction, must be undertaken.