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Commentary

286 Commercial practices that are characterised as ‘aggressive’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

286 Commercial practices that are characterised as ‘aggressive’

| Commentary

286 Commercial practices that are characterised as ‘aggressive’

A commercial practice is aggressive if, by means of harassment, coercion or undue influence, it significantly impairs the average consumer’s freedom of choice or conduct concerning a product and thereby causes (or is likely to cause) her to take a transactional decision she would not otherwise have taken1.

The following factors will be taken into account when deciding whether a commercial practice involves the use of harassment, coercion or undue influence:

  1. 286.1

        the timing, location, nature or persistence of the commercial practice;

  2. 286.2

        the use of threatening or abusive

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