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Commentary

150.4 Misleading omissions

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

150.4 Misleading omissions

| Commentary

150.4 Misleading omissions

The prohibition on misleading omissions is set out in Regulation 6. A commercial practice1 is a misleading omission if, in its factual context, it:

  1. 150.4.1

        omits material information,

  2. 150.4.2

        hides material information,

  3. 150.4.3

        provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or

  4. 150.4.4

        fails to identify its commercial intent, unless this is already apparent from the context,

and as a result it causes or is likely to cause the average consumer to take a transactional decision2 he would not have taken otherwise3.

For these purposes, ‘material information’ means:

  1. 150.4.5

        the information which the average

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