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With specific regard to the Fair Trading Act 1986, contrary to many opinions retailers or suppliers have the right and power to decline sale of any particular good or service. To explain this belief this paper will firstly, outline the relevant law in regard to declining sale. Secondly, the general public belief that retailers cannot decline sale will be explained. Finally, this paper will use real life scenarios and relevant case law to explain why retailers or suppliers do in fact possess the power to decline sale. Firstly, we must establish the relevant law in which the “right to refuse sale” arises. The Fair Trading Act currently stands as such: SECTION 9 9 No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. SECTION 19 19(1) [Prohibition] No person shall, in trade, advertise for supply at a specified price goods or services which that person - (a) Does not intend to offer for supply; or (b) Does not have reasonable grounds for believing can be supplied by that person – At that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement. 19(2) [Advertiser must offer] Any person who has advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement. Generally, the Fair Trading Act covers “misleading or deceptive conduct, and false representations in trade”.
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