SECTIONS 1760-1761 - California Statutes

CIVIL CODE

SECTION 1760-1761

1760. This title shall be liberally construed and applied to
promote its underlying purposes, which are to protect consumers
against unfair and deceptive business practices and to provide
efficient and economical procedures to secure such protection.

1761. As used in this title:
(a) "Goods" means tangible chattels bought or leased for use
primarily for personal, family, or household purposes, including
certificates or coupons exchangeable for these goods, and including
goods that, at the time of the sale or subsequently, are to be so
affixed to real property as to become a part of real property,
whether or not they are severable from the real property.
(b) "Services" means work, labor, and services for other than a
commercial or business use, including services furnished in
connection with the sale or repair of goods.
(c) "Person" means an individual, partnership, corporation,
limited liability company, association, or other group, however
organized.
(d) "Consumer" means an individual who seeks or acquires, by
purchase or lease, any goods or services for personal, family, or
household purposes.
(e) "Transaction" means an agreement between a consumer and any
other person, whether or not the agreement is a contract enforceable
by action, and includes the making of, and the performance pursuant
to, that agreement.
(f) "Senior citizen" means a person who is 65 years of age or
older.
(g) "Disabled person" means any person who has a physical or
mental impairment that substantially limits one or more major life
activities.
(1) As used in this subdivision, "physical or mental impairment"
means any of the following:
(A) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss substantially affecting one or more
of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and
lymphatic; skin; or endocrine.
(B) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. "Physical or mental impairment"
includes, but is not limited to, such diseases and conditions as
orthopedic, visual, speech, and hearing impairment, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, and emotional illness.
(2) "Major life activities" means functions such as caring for one'
s self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(h) "Home solicitation" means any transaction made at the consumer'
s primary residence, except those transactions initiated by the
consumer. A consumer response to an advertisement is not a home
solicitation.