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Tesco Supermarkets Ltd V Nattrass
''Tesco Supermarkets Ltd. v. Nattrass'' 971UKHL 1is a leading decision of the House of Lords on the "directing mind" theory of corporate liability. This is a leading case on the Trade Descriptions Act 1968 section 24(1), where Tesco relied upon the defence of the ‘act or omission of another person’ i.e. their store manager, to show that they had taken all reasonable precautions and all due diligence. Facts Tesco was offering a discount on washing powder which was advertised on posters displayed in stores. Once they ran out of the lower priced product the stores began to replace it with the regularly priced stock. The manager failed to take the signs down and a customer was charged at the higher price. Tesco was charged under the ''Trade Descriptions Act 1968'' for falsely advertising the price of washing powder. In its defence Tesco argued that the company had taken all reasonable precautions and all due diligence, and that the conduct of the manager could not attach liabilit ...
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James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ...
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Lord Morris Of Borth-y-Gest
John William Morris, Baron Morris of Borth-y-Gest, (11 September 1896 – 9 June 1979) was a judge in England and Wales. He was a Law Lord from 1960 to 1975. Early life Morris was born in Liverpool, where his father was a bank manager. He was educated at the Liverpool Institute, but left school on the outbreak of the First World War in 1914 to join the Royal Welsh Fusiliers. He was granted a commission as a temporary second lieutenant (on probation) on 8 January 1916. He served in the British Army until 1918, reaching the rank of captain, and was awarded a Military Cross in January 1919. After he was demobilised, he studied law at Trinity Hall, Cambridge, where he was President of the Cambridge Union Society in 1919. He graduated with an LLB in 1920, and won a Joseph Hodges Choate fellowship to study for one year at Harvard. Legal career Morris was called to the Bar at Inner Temple in 1921, and joined the Northern Circuit, where he became successful due to his skilf ...
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Viscount Dilhorne
Viscount Dilhorne, of Greens Norton in the County of Northampton, is a title in the Peerage of the United Kingdom. It was created on 7 December 1964 for the lawyer, Conservative politician and former Lord Chancellor, Reginald Manningham-Buller, 1st Baron Dilhorne. He had already succeeded his father as fourth Baronet of Dilhorne and been created Baron Dilhorne, ''of Towcester in the County of Northampton'' on 17 July 1962, also in the Peerage of the United Kingdom. The Manningham-Buller baronetcy, of Dilhorne in the County of Stafford, was created in the Baronetage of the United Kingdom on 20 January 1866 for the first Viscount's great-grandfather Edward Buller-Yarde-Buller, who legally changed his name to Manningham-Buller the same year. He represented Staffordshire North and Stafford in Parliament. Manningham-Buller was the third son of Sir Francis Buller, 2nd Baronet, of Churston Court, whose eldest son, the third Baronet, was created Baron Churston in 1858. His grandson ...
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Colin Pearson, Baron Pearson
Colin Hargreaves Pearson, Baron Pearson, (28 July 1899 – 31 January 1980) was a Canadian-born English barrister and judge. Rising to sit as a judge in the House of Lords, he is best remembered for his unspectacular but efficient and courteous chairmanship of industrial inquiries and royal commissions. His 1978 report into civil liability and compensation for personal injury made proposals for state pensions for accident victims that were largely rejected by government at the time. Early life and legal career Born in Minnedosa, Manitoba, Canada, Colin Pearson was the youngest child of Ernest William Pearson (1861–1936), a lawyer, and Jessie Pearson, ''née'' Borland (died 1948). He had one brother, who was killed during World War I, and a sister, who died during childbirth. The family moved to London when Pearson was 7, where he was educated at St. Paul's School. He served with the 5th Battalion, Guards Machine Gun Regiment, at the end of the First World War in 1918, be ...
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Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Corporate Liability
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners. Since corporations and other business entities are a major part of the economic landscape, corporate liability is key element in effective law enforcement for economic crimes. A 2016 mapping of 41 countries’ corporate liability systems shows wide variations in approaches to liability and that corporate liability is a dynamic area of legal innovation and evolution. The term legal person refers to a business entity (often a corporation, but possibly other legal entities, as specified by law) that has both legal rights (e.g. the right to sue) as well as legal obligations. Because, at a public policy level, the growth and prosperity of society depends to a large extent on the business community, g ...
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Trade Descriptions Act 1968
The Trade Descriptions Act 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on. This law empowers the judiciary to punish companies or individuals who make false claims about the products or services that they sell. Applying a false trade description to goods is a strict liability offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction. False descriptions as to services require the more normal proof of ''mens rea'' (guilty intent). The Act excludes matters relating to land and buildings, which are now dealt with under the provisions of the Property Misdescriptions Act 1991. Changes The Act was in conflict with the EU Unfair Commercial Practices Directive, which has been adopted in the UK and was implemented from April 2008. Although technic ...
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Tesco
Tesco plc () is a British multinational groceries and general merchandise retailer headquartered in Welwyn Garden City, England. In 2011 it was the third-largest retailer in the world measured by gross revenues and the ninth-largest in the world measured by revenues. It has shops in Ireland, the United Kingdom, the Czech Republic, Hungary and Slovakia. It is the market leader of groceries in the UK (where it has a market share of around 28.4%). Tesco has expanded globally since the early 1990s, with operations in 11 other countries in the world. The company pulled out of the US in 2013, but continues to see growth elsewhere. Since the 1960s, Tesco has diversified into areas such as the retailing of books, clothing, electronics, furniture, toys, petrol, software, financial services, telecoms and internet services. In the 1990s, Tesco re-positioned itself from being a downmarket high-volume low-cost retailer, attempting to attract a range of social groups with its low-cost ...
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Ward V
Ward may refer to: Division or unit * Hospital ward, a hospital division, floor, or room set aside for a particular class or group of patients, for example the psychiatric ward * Prison ward, a division of a penal institution such as a prison * Ward (electoral subdivision), electoral district or unit of local government ** Ward (KPK), local government in Khyber Pakhtunkhwa, Pakistan ** Ward (South Africa) ** Wards of Bangladesh ** Wards of Germany ** Wards of Japan ** Wards of Myanmar ** Wards and electoral divisions of the United Kingdom ** Ward (United States) *** Wards of New Orleans * Ward (fortification), part of a castle * Ward (LDS Church), a local congregation of The Church of Jesus Christ of Latter-day Saints * Ward (Vietnam), a type of third-tier subdivision of Vietnam Entertainment, arts and media * WOUF (AM), a radio station (750 AM) licensed to serve Petoskey, Michigan, United States, which held the call sign WARD from 2008 to 2021 * Ward Cleaver, a fictional ...
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Criticism Of Tesco
Criticism has been directed at Tesco from various groups, including national organisations, trade bodies, individuals, consumer groups and watchdogs, particularly since the early 2000s. Criticism of Tesco and related litigation As with any large corporation, the Tesco supermarket chain is involved in litigation, usually from claims of personal injury from customers, claims of unfair dismissal from staff, and other commercial matters. Two notable cases were ''Ward v Tesco Stores Ltd'', which set a precedent in so-called 'trip and slip' injury claims against retailers, and ''Tesco Supermarkets Ltd v Nattrass'', which reached the House of Lords and became a leading case regarding the corporate liability of businesses for failures of their store managers (in a case of misleading advertising). Criticism of Tesco includes disapproval of the effects supermarket chains can have on farmers, suppliers and smaller competitors; along with claims of generally poor labour relations with its s ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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