2013 California Code
Civil Code - CIV
CHAPTER 2. Construction and Definitions

CA Civ Code § 1761 (2013) What's This?

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 another 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 a 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) A 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) A mental or psychological disorder, including intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Physical or mental impairment includes, but is not limited to, diseases and conditions that include orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness.

(2) Major life activities means functions that include caring for one s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(h) Home solicitation means a 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.

(Amended by Stats. 2012, Ch. 457, Sec. 4. Effective January 1, 2013.)

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