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Trade Descriptions Act
The Trade Descriptions Act 1968 (c. 29) 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 were 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 tec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Acts Of The Parliament Of The United Kingdom From 1968
Public general acts Local acts See also * List of acts of the Parliament of the United Kingdom References Current Law Statutes Annotated 1968* Halsbury's Statutes of England. Third EditionVolume 40: Continuation Volume 1968-1970 Butterworths. London. 1972. {{UK legislation Lists of acts of the Parliament of the United Kingdom, 1968 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Industry
The tertiary sector of the economy, generally known as the service sector, is the third of the three economic sectors in the three-sector model (also known as the economic cycle). The others are the primary sector (raw materials) and the secondary sector (manufacturing). The tertiary sector consists of the provision of services instead of end products. Services (also known as " intangible goods") include attention, advice, access, experience and affective labour. The tertiary sector involves the provision of services to other businesses as well as to final consumers. Services may involve the transport, distribution and sale of goods from a producer to a consumer, as may happen in wholesaling and retailing, pest control or financial services. The goods may be transformed in the process of providing the service, as happens in the restaurant industry. However, the focus is on people by interacting with them and serving the customers rather than transforming the physical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crunchy Frog
"Crunchy Frog" is the common name for a Monty Python sketch officially titled "Trade Description Act" (sometimes also known as the "Whizzo Chocolate Company" sketch), inspired by the Trade Descriptions Act 1968 in British law. It features two health inspectors interrogating the owner of a sweet shop about the increasingly bizarre ingredients in his confections, including the titular crunchy frog. Written by John Cleese and Graham Chapman, it originally appeared in episode 6 of the first series of ''Monty Python's Flying Circus'', and later appeared in several Monty Python stage shows. In the original sketch, Cleese and Chapman play the inspectors, while Terry Jones plays the sweet shop owner. In later versions, the second inspector is played by Terry Gilliam or left out of the sketch entirely. The sketch Mr Milton, the owner of the Whizzo Chocolate Company (Terry Jones) is approached by two members of the Hygiene Squad, Inspector Praline (John Cleese) and Superintendent Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection From Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) is a statutory instrument in the United Kingdom made under the European Communities Act 1972 (UK), European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptions Act 1968 (c. 29), which it largely repeals. It was designed to implement the Unfair Commercial Practices Directive, as part of a common set of European minimum standards for consumer protection. Contents The regulations introduce new rules about consumer protection and the responsibility of businesses to trade fairly. It places a general duty on traders not to trade unfairly. The regulations also include a blacklist of 31 banned trading practices. Enforcement In February 2011, Safestyle UK became the first company to be prosecuted under the regulations. In an action brought by North Lincolnshire Council Trading Standards Department they were found guilty under paragraph 25 (ignoring a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive 2005/29/EC regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It is intended to provide "a high level of consumer protection" and a level playing field in the single market, reducing trade barriers. The Directive is concerned mainly with the "substantive" law (meaning in this context the standards of behaviour required of traders). To some extent, it leaves to member states the choice of appropriate domestic enforcement procedures and penalties for non-compliance (Articles 11 to 13 of the Directive). Contents Recitals The recitals state that the objective of the Directive to reduce barriers to free trade in the EU while simultaneously ensuring "a high level of consumer protection".cf. Court of Justice of the European UnionA commercial practice that misleads consumers is unfair and, therefore, prohibit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Misdescriptions Act 1991
The Property Misdescriptions Act 1991 is an Act of Parliament of the United Kingdom of Great Britain and Northern Ireland which makes the misidentification of various aspects of a properties specifications and particulars a crime. The Act was repealed by the Property Misdescriptions Act 1991 (Repeal) Order 2013, which was made aware to the House on 28 June 2013. The repeal came into force on 1 October 2013. Customers of estate agents will instead need to rely on the parallel protections under the Consumer Protection from Unfair Trading Regulations 2008, which implement the EU Unfair Commercial Practices Directive The Unfair Commercial Practices Directive 2005/29/EC regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It i .... References External links Full text of the Property Misdescriptions Act 1991 [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of The United Kingdom
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, crimina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer
A consumer is a person or a group who intends to order, or use purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. The term most commonly refers to a person who purchases goods and services for personal use. Rights "Consumers, by definition, include us all", said President John F. Kennedy, offering his definition to the United States Congress on March 15, 1962. This speech became the basis for the creation of World Consumer Rights Day, now celebrated on March 15. In his speech, John Fitzgerald Kennedy outlined the integral responsibility to consumers from their respective governments to help exercise consumers' rights, including: *The right to safety: To be protected against the marketing of goods that are hazardous to health or life. *The right to be informed: To be protected against fraudulent, deceitful, or grossly misleading information, adverti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retail
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is the sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesaler, and then sells in smaller quantities to consumers for a profit. Retailers are the final link in the supply chain from producers to consumers. Retail markets and shops have a long history, dating back to antiquity. Some of the earliest retailers were itinerant peddlers. Over the centuries, retail shops were transformed from little more than "rude booths" to the sophisticated shopping malls of the modern era. In the digital age, an increasing number of retailers are seeking to reach broader markets by selling through multiple channels, including both bricks and mortar and online retailing. Digital technologies are also affecting the way that consumers pay for goods and services. Retailing support services may also include the pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merchandise Marks Act 1887
The Merchandise Marks Act 1887 ( 50 & 51 Vict. c. 28) was an act of the Parliament of the United Kingdom. The act stopped foreign manufacturers from falsely claiming that their goods were British-made and selling them in Britain and Europe on that pretence. It also makes it illegal for companies to falsely claim that they have a royal warrant. Swiss watch cases imported to Britain before this date were of 875 millesimal fineness standard. This did not meet the 925 standard for sterling silver and so could not be hallmark A hallmark is an official Mark (sign), mark or series of marks struck on items made of metal, mostly to certify the content of noble metals—such as platinum, gold, silver and in some nations, palladium. In a more general sense, the term ''Wikti ...ed, as the new act required. The Swiss thus increased the fineness of their silver alloy. However they chose an alloy of 935, in excess of the sterling grade. This has sometimes been claimed to have arisen as a Sw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
