CASE ANALYSIS
TESCO SUPERMARKETS LTD V. NATTRASS [1972] A.C. 153
Tesco Supermarkets Ltd v. Nattrass [1972] A.C. 153 was an assembling case determined in the tin of Lords in 1972 which discusses extensively matters pertaining to Corporate Liability and Consumer Protection, and has been a bread and butter case law example for decisions which stem from the statutory commissariat outlined within the Trade Descriptions Act 1968.
In brief, Tesco Supermarkets publicize that Radiant washing powder was on sale at a discounted price. All the packs at this displayed price had been sold, and a haunt assistant had repacked the shelves with washing powder at the regular increase price, however the advertising still remained in the store reflecting the discounted price.
Mr clement was the store manager at the time and had pronounced and gestural off his daily checklist sheet that the shelves had been re-stocked with the sale priced goods, however provided to discover later that the shelves were re-stocked with the washing powder that was individually marked at the idealistic price and that an employee had sold a customer a packet of washing powder at the inflated price. Mr. Coane was this customer who undertook legal proceedings to prosecute Tesco Supermarkets Ltd.
This matter was ab initio heard before the Magistrates Court, where the appellant, Tesco Supermarkets (Tesco), was launch guilty under incision 11(2) of the Trade Descriptions Act 1968 for making false and misleading statements in regards to the price of the washing powder. Tesco sought to rely on the defense mechanism clause of Section 24(1) of the Trade Descriptions Act 1968.
Although the Court held that Tesco cheery Section 24(1)(b) of the Trade Descriptions Act 1968 as they had an acceptable workplace procedure implemented to prevent the offence from occurring (the checklist), Mr. Clement was found to be the same person as the company.
On appeal of this decision before the Divisional Court, the determining judges held that the...If you require to get a full essay, order it on our website: Orderessay
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