R v Hammertons Cars Ltd [1976] 1 WLR 1243 - S 1(1)(b) TDA.
- supplying clocked cars.
1) odometer reading is a trade description.
2) effective disclaimers must be “bold precise and compelling” so that false trade description is “meaningless”.
3) “supplies” in s 1(1)(b) TDA comprehends more than an act of delivery.
- the issue is whether, when the purchaser takes possession of the goods, he gets them with a false trade description applied to them.
4) burden of proof in a disclaimer case remains on P, but once P had proved that a trade description was false there was a strong inference that it had been applied which could only be displaced by evidence to the contrary.
5) appropriate sentence for supplying - taking all the profit plus a good deal more.
undefined: unpaid