Title: Japanese consumer law and a duty to supply information

Authors: Noriko Kawawa

Addresses: Doshisha University, Kyoto, Japan

Abstract: This article discusses the current status of Japanese law regarding a duty to supply information in consumer transactions. In response to the increasing number of consumer complaints due to a lack of adequate information, misrepresentation, improper solicitation and unfair contract clauses, as well as current incidents which have infringed on consumers| safety, independence and ability to make informed decisions, the Japanese government has been taking steps to uphold the rights and support the independent, informed decision-making ability of consumers in cases where there is an imbalance in the amount and quality of available information and bargaining power between consumers and businesses. This article examines the civil law principles regarding a duty to supply information, cases where a duty to disclose information has been imposed, consumer protection legislation and industry-specific laws pertaining to financial and real estate transactions regarding a duty to supply information.

Keywords: consumer law; consumer policy; consumer protection; supply of information; Japan; consumer transactions; misrepresentation; improper solicitation; unfair contracts; consumer safety; decision making; bargaining power; civil law; disclosure; financial transactions; real estate; private law.

DOI: 10.1504/IJPL.2010.029604

International Journal of Private Law, 2010 Vol.3 No.1/2, pp.85 - 102

Published online: 30 Nov 2009 *

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