Consumer Protection Act 2007

PART 3

Commercial Practices

Chapter 1

Unfair Commercial Practices

Annotations:

Editorial Notes:

E36

Power granted to Minister for Transport, Tourism and Sport, in determining whether an operator has satisfied or continues to satisfy the requirement of good repute, to consider whether the operator or a person holding a specified position with the operator has, within the previous 10 years, been convicted of an offence under Part (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 6 and sch.

E37

Obligation imposed on persons who hold a specified position with an operator and who is or has been convicted of an offence under Part to inform the operator in writing of the fact of the conviction (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 8.

41.

General prohibition on unfair commercial practices.

41.— (1) A trader shall not engage in an unfair commercial practice.

(2) A commercial practice is unfair if it—

( a) is contrary to one or both of the following (the requirements of professional diligence):

(i) the general principle of good faith in the trader’s field of activity;

(ii) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers,

and

( b) would be likely to—

(i) cause appreciable impairment of the average consumer’s ability to make an informed choice in relation to the product concerned, and

(ii) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.

(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.