Tesco Supermarkets Ltd v Nattrass
[1972] AC 153
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
A company can rely on the due diligence defence where the offence was committed by a store manager (another person) and the company had set up a proper system of training and supervision. The manager is not the alter ego of the company.
Facts
Tesco was prosecuted for misleading pricing after a store displayed goods at the wrong price. The manager had failed to check the shelf displays.
Judgment Summary
The House of Lords held that the store manager was 'another person' for the purposes of the defence, and Tesco had exercised due diligence through its training and supervision systems.
Key Quotes
"The board of directors can delegate the function of management, and the acts of the store manager are those of 'another person'."
— Lord Reid
Subsequent Treatment
Applied in food safety and trading standards due diligence cases.
What To Do Next
Get Professional Help