|
||
Links: Home | swarblaw - law discussions |
swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
|
|
|
Consumer - From: 1980 To: 1984This page lists 7 cases, and was prepared on 20 May 2019. United Dominions Trust Ltd v Taylor 1980 SLT (Sh Ct) 28 1980 ScSf Reid SP Consumer Consumer Credit Act 1974 75 McCrone v Boots Farm Sales Limited; 1981 - [1981] SLT 103 Louis C Edwards (Manchester) Limited v Charles Miller; CA 1981 - [1981] The Monthly Review Vol 89 240 Bellerby v Carle [1983] 2 AC 101 1983 HL Lord Brandon Licensing, Consumer Beer measuring instruments dispensed smaller quantities than permitted by law. The joint licensees were not permitted to interfere with the measuring instruments, so it was held that they did not have such possession of them as would give rise to liability under section 16(1) of the Act. Referring to Sopp and Goodfellow, "I do not, as at present advised, see any reason to doubt the correctness of these two decisions. They establish the proposition that, where a licensee of licensed premises, who is alone permitted under the Licensing Acts to handle and hand over intoxicating liquor to a customer at such premises, chooses to perform those acts through the agency of another person, such as a barmaid employed by the same company or other organisation as he is employed by, he is under the same criminal liability for such other person's acts as he would be if he had performed them himself." Weights and Measures Act 1963 16(1) 1 Cites 1 Citers George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd; HL 1983 - [1983] 2 AC 803; [1982] 1 All ER 108 Wings Ltd v Ellis [1984] 1 All ER 1046; [1984] 1 WLR 731 1984 QBD Mann J Crime, Consumer Mann J said: "The most that could be said for the respondent is that the members of this class [those ruling the company], although establishing a system, failed to establish a system which would have prevented the mistake which occurred. That failure cannot, in our judgment, constitute 'recklessness'. There may be cases where the system is such that he who establishes it could not be said to be having regard to the truth or falsity of what emerged from it, but that is not this case." Trade Descriptions Act 1968 1 Citers Davies v Sumner; HL 1984 - [1984] 1 WLR 1301 |
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG. |