Consumer Protection (Fair Trading) Act · s 5

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s 5Circumstances surrounding unfair practice

(1)

An unfair practice may occur before, during or after a consumer transaction.

(2)

An unfair practice may consist of a single act or omission.

(3)

In determining whether or not a person has engaged in an unfair practice —

(a)

the reasonableness of the actions of that person in those circumstances is to be considered; and

(b)

an act or omission by an employee or agent of a person is deemed also to be an act or omission of the person if the act or omission occurred in the course of —

(i)

the employee’s employment with the person; or

(ii)

the agent exercising the powers or performing the duties on behalf of the person within the scope of the agent’s actual or apparent authority.