There were a wide range of related legislation which had been amended, repealed or replaced in order to be in conformity with the UCPD. It is witnessed some challenges to implemented the UCPD in the UK.
Firstly, the maximum harmonisation requires the stringent implementation which restrains Member States from regulating their relevant rules outside the scope of UCPD. As UCPD only governs the commercial practices between traders and consumers as defined in Article 2, it is imperative to discern which matters fall within the scope of UCPD, which are not. Secondly, the managing a wide assortment of commercial practice of the UCPD correspondingly arises the necessary to examine the comparability of domestic measures with those under UCPD. Additionally, …show more content…
According to Regulation 2(1), ‘professional diligence refers to ‘the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice or the general principle of good faith in the trader 's field of activity’. The requirements of professional diligence go beyond the subjective good faith, hence, to be in conformity with the standard of professional diligence, the trader must be not only honest but competent to fulfil his work. As Abbamonte’s example, if an honest antique dealer sells fake product because he believes it is authentic, his behaviour does still not conform to the requirements of professional diligence. However, it is witnessed the difficulty to examine the professional diligence of traders. It may only be determined case by case with the assessment of all material facts. Besides, the objective of consumer protection may not be achieved by the provision on professional diligence as consumers neither set up honest market practice nor contribute to develop codes of practice. Therefore, the enforcement of the rules on the professional diligence, as the original intention of the EC, should be accompanied with codes of conduct considering both professional and consumer
Firstly, the maximum harmonisation requires the stringent implementation which restrains Member States from regulating their relevant rules outside the scope of UCPD. As UCPD only governs the commercial practices between traders and consumers as defined in Article 2, it is imperative to discern which matters fall within the scope of UCPD, which are not. Secondly, the managing a wide assortment of commercial practice of the UCPD correspondingly arises the necessary to examine the comparability of domestic measures with those under UCPD. Additionally, …show more content…
According to Regulation 2(1), ‘professional diligence refers to ‘the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice or the general principle of good faith in the trader 's field of activity’. The requirements of professional diligence go beyond the subjective good faith, hence, to be in conformity with the standard of professional diligence, the trader must be not only honest but competent to fulfil his work. As Abbamonte’s example, if an honest antique dealer sells fake product because he believes it is authentic, his behaviour does still not conform to the requirements of professional diligence. However, it is witnessed the difficulty to examine the professional diligence of traders. It may only be determined case by case with the assessment of all material facts. Besides, the objective of consumer protection may not be achieved by the provision on professional diligence as consumers neither set up honest market practice nor contribute to develop codes of practice. Therefore, the enforcement of the rules on the professional diligence, as the original intention of the EC, should be accompanied with codes of conduct considering both professional and consumer