The it difficult to comprehend as they are

The
Consumer Protection (Amendment) Regulations 2014 (CPR) 1 is a result of the
Government’s consult to reform the existing law on unfair commercial practices
such as misleading and aggressive selling. The CPR came into force on 1 October
2014 amended the Consumer Protection from Unfair
Trading Regulations 2008 (CPUT)2. The problem with the CPUT
is the clarity of the rights of redress that are available once breach of those
regulations is established. Previously, consumers could not directly enforce
the CPUT as it could only be enforced by the Competition and Markets Authority
and Trading Standards.3

Consumers
could only rely on misrepresentation, duress and undue influence if they wanted
to enforce the rights themselves. This is problematic as consumers often find
it difficult to comprehend as they are quite technical. These areas were
initially used in transactions between businesses which is not the most
suitable for consumers. Moreover, these pre-existing rules had various
limitations.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

A
misrepresentation is a false statement of fact made that induces the consumer
into a contract.4
This is illustrated in Spice Girls Ltd v Aprilia World Service5.
There a few limitations to misrepresentation such as there is no remedy in
the cases of misleading prices and actual contract must have existed. Next,
statements as to the future are not treated as misrepresentation as it is not a
statement of existing fact.67 Although rescission can be
obtained, it does not cover repayment of anything that is not the actual contract
price. Moreover, it must be proven that there was inducement.8

1 Consumer Protection (Amendment)
Regulations 2014/870 Reg. 3

2 Consumer Protection from Unfair
Trading Regulations 2008

3 Fair
Trading Act 197; S.17(2), S.26

4 M Furmston, Cheshire, Fifoot and Furmston’s Law of Contract (16th
edn OUP, 2012) 339

5 Spice Girls Ltd v Aprilia
World Service 2000 EWHC Ch 140 

6 M Furmston, (n 30) 341

7 Maddison v Alderson

8 M Furmston, (n 30) 345