問5
頻出度★★☆
訪問販売や通信販売などのトラブルが生じやすい取引において, 消費者を保護するために, 事業者が守るべきルールを定めた法律はどれか。
平成26年度 秋期 ITパスポート試験 問5
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 5
Incorrectア
The Product Liability (PL) Act provides that when a defect in a product causes damage to a consumer’s life, body, or property, the manufacturer and others bear liability for damages regardless of negligence. What it covers is relief for harm caused by defective products; it does not regulate sales methods such as door-to-door or mail-order sales (how customers are solicited and contracts are concluded), so it is wrong.
Incorrectイ
The Antimonopoly Act (the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade) prohibits cartels, private monopolization, unfair trade practices, and the like, protecting fair and free competition in the market. Its aim is to maintain competitive order in the market, not to lay down consumer-protection rules for individual door-to-door or mail-order transactions (delivery of documents, cooling-off, and so on), so it is wrong.
- ウ
正解 The correct answer is ウ, the “Specified Commercial Transactions Act.” This law targets specific transaction types in which consumer trouble easily arises — door-to-door sales, mail-order sales, telemarketing sales, and chain sales transactions (multilevel marketing) — and sets out the rules that businesses must follow. Specifically, in addition to conduct regulations such as disclosure duties in advertising and solicitation, the duty to deliver a document stating the contract terms, and bans on exaggerated advertising and false statements, it provides a cooling-off system that lets the consumer cancel the contract unconditionally within a fixed period. It matches exactly the two conditions given in the question: transactions prone to trouble such as door-to-door and mail-order sales, and rules that businesses must follow in order to protect consumers.
Incorrectエ
The Unfair Competition Prevention Act regulates acts of unfair competition such as wrongful acquisition or use of trade secrets, acts causing confusion with another company’s product or business indications, imitation of product configurations, and false indication of the place of origin. What it mainly protects is fair competition among businesses and their business interests; consumer protection in door-to-door or mail-order sales is not its direct purpose, so it is wrong.
ここがポイント
- Specified Commercial Transactions Act = a consumer-protection law that targets transaction types prone to trouble — door-to-door sales, mail-order sales, telemarketing sales, chain sales transactions — and sets conduct regulations on businesses (delivery of documents, advertising disclosure, ban on false statements) together with the cooling-off system. When keywords like door-to-door sales, mail-order sales, or cooling-off appear, this is the law.
- Tell similar laws apart by asking whom they protect and from what: the Product Liability (PL) Act gives relief to consumers harmed by product defects; the Antimonopoly Act secures fair competition in the market; the Unfair Competition Prevention Act protects business interests such as trade secrets and product or business indications; the Specified Commercial Transactions Act protects consumers in specific sales methods.
用語