Fair Trading act 1986

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
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