The Case Of Tesco Stores Ltd V Brent Lbc On The Law And Its Effects On Corporate World
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This paper describes the impact of the decision made in the case of Tesco Stores Ltd v Brent LBC on the law and its effects on the corporate world, and the comparison between the doctrine of vicarious liability that it outlines and the doctrine of identification that was used earlier to determine the liability of corporations in cooperate crime.
A trading standards officer gave a 14year old boy money to buy a video with an “18” classification certificate at a supermarket. The boy bought the video and handed it over to the officer. The supermarket were charged with supplying a video with “18” classification certificate to a person who was below that age contrary to section.11 (1) of the video…show more content… In R v. Redfern & Dunlop Ltd. (Aircraft Division) , the Court held that where the employees who were not in the decision making level could not be identifiable with the company and therefore were not deemed to be the controlling mind of the company. The question that comes up is that if a person at a lower level commits a crime in the name of the company, the company cannot be held liable for the same. This may pose to be a problem in the sense that the company may make a division between the senior management and the employees to avoid criminal proceedings against them Vicarious liability is a doctrine where a company is held liable for the negligent acts of the employees while the doctrine of identification supposes a situation where the crimes committed by the company can be directed towards the directors or managers of the company who are the directing mind and will of the company and can be held liable for the acts committed by a separate legal entity namely the company. In the case of Tesco Supermarkets Ltd v Nattrass, the Appellant was offering a discount on washing powder and this was advertised on posters displayed in stores, but the Defendant did not find the packet of washing powder at the reduced price, as advertised. The Defendant therefore filed a complaint under the Trade Descriptions Act, 1968 for falsely advertising the price of washing powder. In defense