Case Critique: Tesco v Natrass
Case Critique: Tesco Supermarkets Ltd. v Nattrass [1972] A.C. 153
The Case of Tesco Supermarket Ltd v Natrass is a well-known case based on the Trade Description Act (1968). The case was about a well-known supermarket firm (Tesco Ltd) and a customer, Mr. Coane an old pensioner. Tesco had a special offer for the sale of Radian washing powder, which was advertised on posters displayed in stores. The normal price of the product was 3s 11d and they were selling it for 2s 11d. Miss Rogers, shop assistance found that there were no more of the specially marked packs in stock, and she put some of the ordinary price packets in the stands. But she mistakenly forgot to tell this to the shop manager Mr. Clement who was responsible for seeing that but he failed and he stated in his weights and measure book “All special offers OK” . When the customer (Mr. Coane), who saw the advertisement went to buy the washing powder he charged the higher price. Tesco was charged under the Trade Descriptions Act 1968 for the false advertising of the powder as Mr. Coane wanted to take legal prodeedings against the firm.
Tha case was first judged in the Magistrates Court, then appealed in the Divisional Court and finally in the House of Lords. The determining judges were Lord Reid, Lord Diplockm, Viscount Dilhorne, Lord Pearson, and Lord Morris of Borth-y-Gest,
The question raised in the case is whether there was a breach of the 1968 Act or not, and if Tesco firm was responsible for what happened.
The Trade Descriptions Act 1968 is an act of parliament of the United Kingdom which protects consumers from traders, manufactures, service industries, and who makes false or misleading statements about what they sell. In accordance with the Act the product sold must me in satisfactory quality, as described and fit the purpose which it is bought. In the case of Tesco v Natrass the following articles of the Act was provided:
Article 11(2)
If any person offering to supply any goods
The Case of Tesco Supermarket Ltd v Natrass is a well-known case based on the Trade Description Act (1968). The case was about a well-known supermarket firm (Tesco Ltd) and a customer, Mr. Coane an old pensioner. Tesco had a special offer for the sale of Radian washing powder, which was advertised on posters displayed in stores. The normal price of the product was 3s 11d and they were selling it for 2s 11d. Miss Rogers, shop assistance found that there were no more of the specially marked packs in stock, and she put some of the ordinary price packets in the stands. But she mistakenly forgot to tell this to the shop manager Mr. Clement who was responsible for seeing that but he failed and he stated in his weights and measure book “All special offers OK” . When the customer (Mr. Coane), who saw the advertisement went to buy the washing powder he charged the higher price. Tesco was charged under the Trade Descriptions Act 1968 for the false advertising of the powder as Mr. Coane wanted to take legal prodeedings against the firm.
Tha case was first judged in the Magistrates Court, then appealed in the Divisional Court and finally in the House of Lords. The determining judges were Lord Reid, Lord Diplockm, Viscount Dilhorne, Lord Pearson, and Lord Morris of Borth-y-Gest,
The question raised in the case is whether there was a breach of the 1968 Act or not, and if Tesco firm was responsible for what happened.
The Trade Descriptions Act 1968 is an act of parliament of the United Kingdom which protects consumers from traders, manufactures, service industries, and who makes false or misleading statements about what they sell. In accordance with the Act the product sold must me in satisfactory quality, as described and fit the purpose which it is bought. In the case of Tesco v Natrass the following articles of the Act was provided:
Article 11(2)
If any person offering to supply any goods