“Rascality test”

July 16, 2013

  • 29T Antitrust and Trade Regulation
  • 29TIII Statutory Unfair Trade Practices and Consumer Protection
  • 29TIII(A) In General
  • 29Tk133 Nature and Elements
  • 29Tk135 Practices Prohibited or Required
  • 29Tk135(1) k. In General; Unfairness.

29T Antitrust and Trade RegulationUnder the “rascality test” for determining which commercial actions not specifically delineated are covered by the Consumer Protection Act (CPA), the objectionable conduct must attain a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce.
Axenics, Inc. v. Turner Const. Co., 62 A.3d 754 (N.H. 2013)
Suggested by Pat Suyak, Senior Attorney Editor; Thomson Reuters