Consumer Protection (Fair Trading) Act · 2023 Revised Edition
5. Circumstances surrounding unfair practice
Official textFrom Attorney General's Chambers, unchanged
An unfair practice may occur before, during or after a consumer transaction.
unfair practice
“unfair practice” means an unfair practice within the meaning of section 4;
An unfair practice may consist of a single act or omission.
In determining whether or not a person has engaged in an unfair practice —
the reasonableness of the actions of that person in those circumstances is to be considered; and
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 —
the employee’s employment with the person; or
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.
Terms defined in s 2
consumer transaction
Defined · s 2“consumer transaction” means — (a) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or (b) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
unfair practice
Defined · s 2“unfair practice” means an unfair practice within the meaning of section 4;