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Commentary

283 Ban on unfair commercial practices

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

283 Ban on unfair commercial practices

| Commentary

283 Ban on unfair commercial practices

The Consumer Protection from Unfair Trading Regulations 2008 (UTR) contain a general prohibition on unfair commercial practices1. There are two circumstances in which a commercial practice is unfair:

  1. 283.1

        generally: where it contravenes the requirements of professional diligence and it materially distorts the economic behaviour of an average consumer with regard to a product (or is likely to do so)2;

  2. 283.2

        specifically: where it is a misleading action or omission or it is aggressive or is listed in Schedule 1 to the UTR3.

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