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Tesco Supermarkets Ltd v Nattrass [1972] AC 153 - S 24 TDA.

- corporate diligence.
1) employee who not part of the directing mind of the company can be "another person".
2) onus of proving statutory defence lies on employer or principal.
3) need for principal to be able to identify whose "act or default" caused the offence.
4) due diligence by means of a system, with training and supervision, to prevent offences.
5) due diligence by employee insufficient if employer not also diligent.
6) proportionality - "reasonable" depends on gravity of offence and nature of business.
7) "due diligence in law is the converse of negligence" - obiter.

undefined: unpaid

Legislation