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PART 3
Commercial Practices
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Chapter 1
Unfair Commercial Practices
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General prohibition on unfair commercial practices.
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41.— (1) A trader shall not engage in an unfair commercial practice.
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(2) A commercial practice is unfair if it—
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(a) is contrary to one or both of the following (the requirements of professional diligence):
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(i) the general principle of good faith in the trader’s field of activity;
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(ii) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers,
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and
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(b) would be likely to—
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(i) cause appreciable impairment of the average consumer’s ability to make an informed choice in relation to the product concerned, and
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(ii) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
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(3) In determining whether a commercial practice is unfair under subsection (2), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
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