Duguid v Fraser [1941] ScotHC HCJAC_2 (17 September 1941)

Duguid v Fraser [1941] ScotHC HCJAC_2 (17 September 1941)

The Prices of Goods Act, 1939, imposes an absolute obligation on the owner or person carrying on a business not to sell price-regulated goods above the permitted price, and this liability is not avoided by delegating business operations to employees; the sale by a servant in the course of employment is legally a sale by the owner.

Citation
[1941] ScotHC HCJAC_2
Parties
Appellant: Duguid; Respondent: Fraser
Jurisdiction
Scotland
Judgment Date
17 September 1941
Procedural Posture
Criminal Appeal / Appeal From Sheriff Substitute's Acquittal
Outcome
appeal allowed; acquittal set aside; conviction directed
Legal Topics
Vicarious Liability, Statutory Offences, Sale of Goods, Price Regulation
Criminal Law Commercial Law Vicarious Liability Statutory Offences Sale of Goods Price Regulation

Case Brief

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Parties

Duguid

Appellant

Fraser

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sheriff Substitute's Acquittal

Legal Issues

  1. 1 Whether the owner of a business is criminally liable under the Prices of Goods Act, 1939, for a sale at an excessive price made by a servant in the course of employment
  2. 2 Whether the statutory offence requires personal involvement or knowledge of the owner

Ratio Decidendi

The Prices of Goods Act, 1939, imposes an absolute obligation on the owner or person carrying on a business not to sell price-regulated goods above the permitted price, and this liability is not avoided by delegating business operations to employees; the sale by a servant in the course of employment is legally a sale by the owner.

Court Disposition

appeal allowed; acquittal set aside; conviction directed

Orders

  • Sheriff-substitute's finding of not guilty reversed
  • Respondent convicted of contravening section 1 of the Prices of Goods Act, 1939