Trade_Descriptions_Act_1968 - A guide for businesses about...

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A guide for businesses about the requirements of the Trade Descriptions Act 1968. This note is intended as a brief overview of the requirements; it is not a substitute for the legislation itself and it should be noted that there is a substantial amount of case law in this area. What does the law require? Any descriptions of goods and services, given by a person acting in the course of a trade or business, should be accurate and not misleading. It should be noted that to commit an offence, the description must be false to a material degree, e.g. has a significant impact on a purchaser’s ability to enjoy and/or use the goods/services, or a significant effect on their value. The Act is not intended to cover insignificant inaccuracies; ultimately only a court can decide what would constitute a material degree. How can a trade description be given? A description can be given verbally, in writing (e.g. in an advert or brochure or as an invoice or order form), by illustration (e.g. in advertisements or on packaging) or by implication. In addition, if goods are supplied in response to a request that includes a specific trade description, it is possible that it would be held that the supplier of the goods has applied the description himself. What are the offences under the Act (relating to goods)? The Act makes it an offence to: apply a false or misleading description to goods (e.g. by writing it down, making a verbal statement or by turning back a car’s odometer); or supply or offer to supply goods to which a false or misleading trade description is applied. A person exposing goods for supply (e.g. in a shop) or having them in his possession for supply (e.g. in a storeroom) is deemed to offer to supply them for the purposes of the Act These offences are strict liability offences, i.e. it is possible for a trader to commit an offence without intending to do so. What descriptions of goods are deemed to be trade descriptions?
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This note was uploaded on 08/02/2010 for the course MNGMT 2343 taught by Professor Zccx during the Spring '99 term at 東京国際大学.

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Trade_Descriptions_Act_1968 - A guide for businesses about...

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