Warwickshire County Council V Johnson - Case Analysis

Seminar 5

Question one

Read carefully through the judgment in Warwickshire County Council v Johnson [1993] 1 All ER 299 below and answer the following questions:

a. What were the material facts of the case?

The appellant on the instruction of his employers displayed a notice containing a offer for potential customers at his employer's shop in clear and precise terms. Contrary to the notice, the appellant subsequently refused to honour the terms of the offer to a potential customer. The appellant was charged with displaying a 'misleading' notice 'in the course of a business of his' contrary to s20(1) of the Consumer Protection Act 1987.

b. Explain, in your own words, the legal issue(s) in the case. (Remember that the legal issue and the material facts are linked. You cannot determine one without the other.) You will receive very little credit in your coursework if you use quotations to explain the material facts, legal issue and/or ratio decidendi (the legal principle established in the case).

Can a notice containing a offer that is clear in its terms nevertheless is misleading contrary to s20(1) of the Consumer Protection Act 1987 by a subsequent refusal to honour his terms? Is the phrase "...any business of his" within s.20(1) restricted to the owner of a business or does it include employees acting within the course of their business, trade or profession?

c. The case was appealed for the Divisional Court of the High Court directly to the House of Lords (known as the ‘leap frog’ procedure). What was the reasoning of the Divisional Court of the High Court in this case? Where is this information in the judgment of the House of Lords? (identify the relevant line numbers)

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o The reasoning of the Divisional Court for allowing the appeal is because of the reasons given in lines 20-27 where it was held that the notice was misleading as the appellant refused to honour the terms of the notice because he refused to "beat any TV...