Wolkind and Northcott v Pura Foods Ltd (1987) 151 JP 492 – S 1(1)(b) and s 3(2) TDA – FLR 1980.
1) description “vegetable lard” not false.
– meaning of “lard” not restricted to pig fat.
– dictionary definition.
- description to be given its current day meaning.
2) description “vegetable lard” not misleading.
- description to be given its modern day meaning.
3) (“Bull”) disclaimer.
- description “lard” qualified by “vegetable”.
4) true nature of food.
undefined: unpaid
Related case digests
- R v Bull [1997] RTR 123 - S 1(1)(a) TDA.
- applying - "Bull disclaimer". 1) to copy an odometer reading on to an invoice is to apply a trade description. 2) a qualification to a description is part of the description and not a "mere disclaimer". - Norfolk County Trading Standards Service v Bycroft and Ors [2012] EWHC 4417 (Admin) – S 1 PMA – (FA – CPUTR – BPMMR).
- “approximately”, “subject to survey”, “not guaranteed”. 1) 0.4 acres could not reasonably be regarded as approximately 0.75 acres. 2) policy of PMA to protect public from false or misleading statements; legislation not concerned with actual impact of misdescription in individual case. 3) fact that accuracy of a statement is not guaranteed does not answer the question of whether the statement is false. 4) difference between a “disclaimer” and a “qualification” of an asserted fact. - makes no sense to assert a fact and then disclaim it. - test of whether a qualified statement is false has to be applied to the statement as qualified.