Section 5
Circumstances surrounding unfair practice
of Consumer Protection (Fair Trading) Act 2003
ActIn forceProvision 5 of 48
Section 5
(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.