Gale v Dixon Stores Group Ltd (1993) 101 ITSA MR 20 - S 24 TDA.
- "new".
- diligence
- precaution taken after offence might reasonably have been taken before.
undefined: unpaid
Related case digests
- Hicks v Sullam Ltd (1983) 147 JP 493 - Ss 23 and 24 TDA.
- reliance on verbal assurances. - precaution taken after offence might reasonably have been taken before. - Decidebloom Ltd t/a Stoneacre Motor Group v Tameside MBC [2008] EWHC 3328 (Admin) - Ss 1, 3 and 5 TDA.
- advertisement. - word "new" - false to a material degree? 1) to be false, a trade description must refer only to specific goods [but, see s 5]. 2) matter of fact whether "new" is false when applied to a pre-registered car. 3) P must prove allegation charged - if alleged description is "brand new" - not enough to prove goods described as "new". - Enfield LBC v Argos Ltd [2008] EWHC 2597 (Admin) – S 141A CJA 1988.
- underage sale of knives - all reasonable precautions and all due diligence. 1) whereas an appeal court may see a precaution, taken after an alleged offence, to be a reasonable precaution which could have been taken to avoid the commission of the offence, it does not necessarily mean that a trial court was wrong to have found that all reasonable precautions had been taken at the time of the offence. 2) need for reasonable precautions to avoid offence of selling extends to point of supply. 3) P need not counter any statutory defence in its opening or conduct of the case, but - P cannot argue that precautions taken by D were not adequate if point not raised for D to answer at trial.