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P-40.1 - Consumer Protection Act
Section 88
Disposition versions
88. A contract to which a consumer who earns his principal income from an occupation that he carries on for not more than eight months per year is a party is exempt from the application of sections 84, 85 and 87, provided that the contract contains the following clause, drawn up in accordance with the requirements of this Act and specially signed by the consumer:
“(Insert here the name of the consumer and the occupation which is his principal source of income) declares that his or her principal income is seasonal.”
The same rule applies to a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, provided that the contract contains the following clause, drawn up in accordance with the requirements of this Act and specially signed by the consumer:
“(Insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”
The merchant is entitled to act on the strength of a declaration so drawn up, unless he knows it to be false.
