UCPD Case Study

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There were a wide range of related legislation which had been amended, repealed or replaced in order to be in conformity with the UCPD.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,
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With the purpose of providing a high level of consumer protection and a convenient legal environment for traders, the UCPD has been came into force with full harmonisation, which means a uniform rule shall be set up for whole EU, in all Member States. Hence, all Member States, including the UK , are not allowed to ament current provisions or adopt new statutory instruments which may go further the scope stated by the UCPD. The UCPD only deals with commercial practices directed to consumers’ economic interests, presents in three-level structure, from general to specific rules, which will ensure the future proof of UCPD. Importantly, despite not providing private remedies as well as declaring not to affect the contract law, the UCPD does not restrain Member States from issuing private law in conjunction with the public enforcement within its scope, hence, the UK’s new private law to redress adopted in 2014 (the 2014 Regulations) is in accordance with UCPD. Also, along with the 2008 Regulations, many the UK existing legislation have been amended, repealed and replaced to be harmonised with …show more content…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

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