ABSTRACT
Section 2(1) provides: A trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say:
(a) quantity, size or gauge (including length, width, height, area, volume, capacity, weight and number);
(b) method of manufacture, production, processing or reconditioning;
(c) composition;
(d) fitness for purpose, strength, performance, behaviour or accuracy;
In Sherratt v Geralds, the American Jewellers Ltd (1970), it was held that a watch described as a ‘diver’s watch’ and ‘waterproof’ was misdescribed when it filled with water after being immersed in a bowl of water for an hour.
