The Law Reports (Appeal Cases)
[1972] AC 153
[HOUSE OF LORDS]
TESCO SUPERMARKETS LTD. APPELLANTS AND NATTRASS RESPONDENT
1971 Feb. 3,
4,
8,
9;
March 31
March 31
Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Pearson and Lord Diplock
Trade Description
— “Act or default of another person”
— Manager of supermarket
— Offence at store due to manager's failure to supervise properly
— System of supervision set up
— Manager instructed on operation of system
— Ladder of responsibility to ensure carrying out of system
— Whether store manager “another person”
— Whether “all reasonable precautions and … due diligence” exercised by company
—
Trade Descriptions Act 1968 (c. 29), ss. 20 (1), 24 (1) (a) (b)
Company
— Psyche
— Intention
— “Brains of company”
— Responsible officer test
— Criteria for determining responsibility of company for act or default of its servants
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