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Commentary

282 The average consumer

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

282 The average consumer

| Commentary

282 The average consumer

The ‘average consumer’ is an important concept in the UTR, in that the effect of unfair commercial practices are tested against what the average consumer will do or not do, or how they are affected etc in the face of an unfair commercial practice.

The ‘average consumer’ is an objective standard1. That is, if the trader engages in an unfair commercial practice, the UTR only apply if the unfair commercial practice causes the notional average consumer to, for example, enter into a contract. It is not enough that a specific consumer subjectively believes she was subject to

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