Unsubstantiated representations

Heading: inserted, on 17 June 2014, by section 10 of the Fair Trading Amendment Act 2013 (2013 No 143).

12A Unsubstantiated representations

(1)

A person must not, in trade, make an unsubstantiated representation.

(2)

A representation is unsubstantiated if the person making the representation does not, when the representation is made, have reasonable grounds for the representation, irrespective of whether the representation is false or misleading.

(3)

This section does not apply to a representation that a reasonable person would not expect to be substantiated.

(4)

In this section and sections 12B to 12D, representation means a representation that is made—

(a)

in respect of goods, services, or an interest in land; and

(b)

in connection with—

(i)

the supply or possible supply of the goods or services; or

(ii)

the sale or grant or possible sale or grant of the interest in land; or

(iii)

the promotion by any means of the supply or use of the goods or services or the sale or grant of the interest in land.

Section 12A: inserted, on 17 June 2014, by section 10 of the Fair Trading Amendment Act 2013 (2013 No 143).