Trade Descriptions Act 1968: Difference between revisions
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The '''Trade Descriptions 1968''' is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]] which prevents [[manufacturing|manufacturers]], [[retail|retailers]] or [[service industry]] providers from misleading [[consumer|consumers]] as to what they are spending their money on. |
The '''Trade Descriptions 1968''' is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]] which prevents [[manufacturing|manufacturers]], [[retail|retailers]] or [[service industry]] providers from misleading [[consumer|consumers]] as to what they are spending their money on. |
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This law empowers the [[Courts of the United Kingdom|judiciary]] to punish companies or individuals who make false claims about the products or services that they sell. |
This law empowers the [[Courts of the United Kingdom|judiciary]] to punish companies or individuals who make false claims about the products or services that they sell. George and Emily are fab :-) |
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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. |
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. |
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Revision as of 14:27, 11 January 2013
The Trade Descriptions 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. George and Emily are fab :-)
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.
Each product sold must be as described, of satisfactory quality, and fit for purpose. "As described" refers to any advert or verbal description made by the trader. "Satisfactory quality" covers minor and cosmetic defects as well as substantial deficiencies and means that products must last a reasonable time but does not give any rights if a fault was obvious or pointed out at the point of sale. "Fit for purpose" covers not only the obvious purpose of an item but also any purpose determined at the point of sale as a result of queries by the customer and assurances given by the trader.
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.
Future changes
The Act will be in conflict with the EU Unfair Commercial Practices Directive, which has been adopted in the UK and will be implemented from April 2008.
As this is a maximum harmonisation directive, the Trade Descriptions Act will be heavily amended or possibly repealed. See DTI announcement
The relevant provisions are contained in the UK through Consumer Protection from Unfair Trading Regulations 2008 entry into force 26th May 2008; missing the EU deadline for implementation by 12th June 2007. The repeals and revocations for TDA 1968 are: Trade Descriptions Act 1968 c.29 Sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2).
External links
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