A baker’s van was doing its rounds, delivering bread which had already been ordered but the van also contained bread which could be bought as required. The bread was underweight The Order prohibited the offering or exposing for sale of food misdescribed.
Held:
Lord Hewart CJ said: ‘The question is whether, on the facts, there were (i) an offering, and (ii) an exposure, for sale. In my opinion there were both.’
Shearman J said: ‘I am of the same opinion. I am quite clear that this bread was exposed for sale, but have had some doubt whether it could be said to have been offered for sale until a particular loaf was tendered to a particular customer.’
Lord Hewart CJ, J Avory, Shearman J
[1926] All ER Rep 88
Sale of Food Order 1921
England and Wales
Cited by:
Distinguished – Fisher v Bell QBD 10-Nov-1960
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 12 January 2022; Ref: scu.185107