292
Mock Auctions.
No. 17, 1973
(3) A sale of goods shall not be a mock auction by virtue of subsection (2) (a) if it is proved that the reduction in price or repayment or credit, as the case may be—
- (a) was on account of a defect discovered after the highest bid in question had been made, being a defect of which the person conducting the sale was unaware when the bid was made; or
- (b) was on account of damage sustained after that bid was made.
Liability of directors, etc., of corporations. 5. A director, within the meaning of the Companies Act, 1961, or an employee, of a corporation which commits an offence arising under the provisions of this Act is guilty of the same offence and may be punished accordingly unless he satisfies the court that—
- (a) the offence committed by the corporation committed without his knowledge;
- (b) he was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it; or
- (c) he, being in such a position, used all due diligence to prevent the commission of the offence by the corporation.
Civil remedy not affected by proceedings for an offence. 6. Notwithstanding any proceedings against any person for an offence against this Act (whether resulting in a conviction or otherwise) such person shall remain liable to all civil proceedings in like manner as if the proceedings for an offence had not been taken.
7.
