A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant on four informations alleging an unlawful supply of goods. The defendant had tendered successfully to a specification to supply a fire engine. Modifications of the specification were agreed, but the engine supplied matched neither specification.
Held: The supplier could be taken to have accepted a duty to supply the goods as described, and the representation as to his ability to make the supply continued at the time of supply.
Judges:
Hooper J
Citations:
Times 03-Jan-1997, [1996] EWHC Admin 376
Links:
Statutes:
Trade Descriptions Act 1968 1(1)(b) 4(3)
Citing:
Cited – Cavendish Woodhouse Ltd v Wright 8-Mar-1985
If a salesman in a shop makes representations to say that he could supply goods identical to a sort described, the description becomes attached to the goods delivered for the purposes of the Act, and if it is false, it is a false description. The . .
Cited – Beckett v Cohen QBD 1972
. .
Cited – British Airways Board v Taylor HL 1976
Lord Wilberforce said: ‘My Lords, the distinction in law between a promise as to future action, which may be broken or kept, and a statement as to existing fact, which may be true or false, is clear enough. There may be inherent in a promise an . .
Cited – Regina v Ford Motor Company Limited QBD 1974
The alleged false trade description was that a car supplied to a garage was ‘new’, as ordered from Fords.
Held: (Appeal allowed on other grounds) The effect of the order was that Parkway was seeking the supply from Fords of a ‘new vehicle’. . .
Cited – Louis C Edwards (Manchester) Limited v Charles Miller CA 1981
A local County Council asked for tenders for meat. It specified the maximum depth of subcutaneous fat of pork. A school cook ordered pork without making any reference to the depth of the fat. A quantity of pork was thereafter delivered. The pork did . .
Cited – Denard v Smith and Dixons QBD 1991
A Christmas Dixons were offering, both in their brochures and by a placard in the store, a computer, joystick and four software packages, including Nintendo games, all for andpound;149.95. A Mrs Grover decided to buy this from Dixons, her son being . .
Lists of cited by and citing cases may be incomplete.
Crime, Consumer, Contract
Updated: 25 May 2022; Ref: scu.136924
