Due Diligence and State of Mind:
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 for falsely advertising the price of washing powder.
In its defence Tesco argued that the manager had taken all reasonable precautions and all due diligence, and that the conduct of the manager could not attach liability to the corporation. Judgment The House of Lords accepted the defence and found that the manager was not a "directing mind" of the corporation and therefore his conduct was not attributable to the corporation.
The corporation had done all it could to enforce the rules regarding advertising. Lord Reid held that "The person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company.
If it is a guilty mind then that guilt is the guilt of the company. The company was acquitted.The Approaches of Lord Diplock and Lord Reid in Tesco Supermarkets Ltd v Nattrass Marvin Rowe * 16 April “Qui facit per alium facit per se: qui cogitat per alium cogitat per se”1 Introduction Tesco Supermarkets Ltd v Nattrass2 (“Tesco”) was a significant case which involved the application of the principles of direct liability to a ‘hybrid .
Tesco Supermarkets Ltd –v- Nattrass  AC is a well known case that describes and limits the application of what is known as the attribution or identification principle.
This determines under what circumstances a company can be considered to have committed a criminal offence as a result of the acts or omissions of any of its directors or employees. Tesco PLC Case Analysis Case Solution,Tesco PLC Case Analysis Case Analysis, Tesco PLC Case Analysis Case Study Solution, TESCO PLC COMPANY’S PROFILE: Tesco is one of the leading retailer of the world and the biggest retailer in the metin2sell.com sells non food items like electrical g.
In a prosecution under the Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store.
Held: 'In the. Mar 31, · Case Law - Tesco Supermarkets Ltd v. Nattrass () Case: Tesco Supermarkets Ltd v.
Nattrass () Precedent: “Due Diligence” Bear in mind that the Tesco case involved the interpretation of the Trade Descriptions Act and not health and safety at work legislation.
at. CONSUMER PROTECTION AND CORPORATE CRIMINAL RESPONSIBILITY A CRITIQUE OF TESCO SUPERMARKETS LTD. v. NATTRASS I. Tesco Supermarkets v.
Nattrass In this case D, a nationally known supermarket operator, was charged under s.1 l(2) of the Trade Descriptions Act, (U.K.) with offering goods at a.