(1) A trader shall not engage in an unfair commercial practice.

(2) A commercial practice is unfair if it -

(a) is contrary to one or both of the following (the requirements of professional diligence):

(i) the general principle of good faith in the trader's field of activity;

(ii) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers,

and

(b) would be likely to -

(i) cause appreciable impairment of the average consumer's ability to make an informed choice in relation to the product concerned, and

(ii) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.

(3) In determining whether a commercial practice is unfair under subsection (2), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.