Ashurst v Hayes and Benross Trading Co Ltd (1974) 82 ITSA MR 161 - TDA.
1) first question is whether there is a trade description; second question is was it false?
2) trade description as to physical characteristics of goods may be indicated by shape.
3) s 3(1) and s 3(2) - a trade description does not have to be misleading to be false.
4) s 24 TDA - testing goods is not always a "reasonable" precaution:
- need to consider size of retailer etc. in determining what precautions are reasonable.
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Related case digests
- Surrey County Council v Clark (1992) 156 JP 798 - S 3(2) TDA.
- "false" or "misleading". 1) not false - but - 2) misleading.