Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - TRADE DESCRIPTIONS: A STUDY OF THE TRADE DESCRIPTIONS ACT 1968 AND THE CONSUMER PROTECTION ACT 1987, PART III
TRADE DESCRIPTIONS: A Study of the Trade Descriptions Act 1968 and the Consumer Protection Act 1987, Part III by R. J. Bragg, Senior Lecturer in Law, University of Manchester. Clarendon Press, Oxford (1991, xxvii and 227 pp., plus 72 pp. Appendices and 8 pp. Index). Hardback £40.
When reviewing a book it is useful to consider the aims of the work as indicated by the author, to examine whether these aims have been achieved and also to discuss whether or not readers using the book for different purposes will benefit from the book. Looking first at the stated aim, Bragg sets out to provide a comprehensive survey of trade descriptions, which, with the exception of a loose-leaf encyclopedia, has been sadly neglected as a subject for detailed study. This neglect is not easily understood as the subject-matter forms a core feature of most studies of Consumer Law and the legislation provides a model for many other consumer protection statutes. In addition, criminal lawyers can benefit considerably from studying the area as many phrases,—e.g., “knows” and “recklessly”—receive significantly different treatment in trade descriptions cases from main-stream criminal law cases. It is also to be noted that decisions under the Trade Descriptions Act 1968 have an impact on civil law matters; see, e.g., R. & B. Customs Brokers Co. Ltd. v. United Dominions Trust Ltd. [1988] 1 W.L.R. 321, considered in Chapter 2. As the full title of the book indicates, discussion is not limited to the Trade Descriptions Act 1968 (and the now repealed Act of 1972). It also encompasses the pricing provisions of Part III of the Consumer Protection Act 1987, which replaced and largely extended the protection formerly provided by s. 11 of the 1968 Act.
There can be little doubt that Bragg achieves his aim of a “comprehensive review” of the area. A very detailed, thorough, methodical and accurate examination is provided. The reader is taken through the provisions of the Act on a word by word, phrase by phrase basis, with detailed references made to both reported and unreported cases, pre-and post Act, and to many articles, reports etc. The 10 chapters, which occupy some 227 pages, cover: false trade descriptions in the course of a trade or business; disclaimers; prices under the Trade Descriptions Act 1968; prices under the Consumer Protection Act 1987, Part III; services, accommodation and facilities; royalty; defences; enforcement; and origin making. There are four appendices, which contain an amended text of the 1968 Act, Part III of the 1987 Act, the Code of Practice on Price Indications and a selection of other relevant statutory materials. One minor criticism is that the textual footnotes do not cross-refer to the appendices to locate the statutory material; e.g., reference is made on p. 26 to the Trade Descriptions (Sealskin Goods) (Information) Order, S.I. 1980 No. 1150 but the relevant footnote does not refer to the reproduction of the Order in Appendix D at p. 295.
Lest it be thought that the book is entirely technical and descriptive, it should be made clear that this is not a true reflection of it. Bragg is ready and willing to criticize the interpretations placed on the legislation by the courts, to identify ambiguities and to speculate on areas yet to be litigated, which is particularly relevant in connection with pricing matters, where few cases have reached the appellate stage yet.
In assessing whether or not readers will benefit from the book, it is necessary to identify the categories of likely readers and their needs. Academic readers and students of Commercial/Consumer Law will benefit considerably, both from the analysis of the historical devel
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