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Controls on the development of markets in public and private law

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Markets have been enjoying a significant upsurge in popularity. There may be many reasons why this is so: perhaps they offer the public more diverse and entertaining shopping than the anonymous modern shopping mall; shoppers enjoy the variety of goods that stalls and pitches offer as well as the characters who operate them. Goods priced more attractively than those in shops and second-hand bargains lure the bargain hunter who may enjoy the search and the bartering as much as the purchase itself. The interest in and proliferation of markets becomes all the more apparent when it is realised that, as far as the law is concerned, car boot sales, bazaars, fairs and even some auctions may, as a matter of law, fall within the definition of a ‘market’. These events are frequently capable of generating very significant profits for the organiser. Of course, not all are operated with a commercial objective; some are genuinely operated for charitable purposes, but others are not, and there is concern that even where the purpose of the organiser is ostensibly charitable, commercial activity may be attached.
Original languageEnglish
Pages (from-to)107-124
Number of pages18
JournalDenning Law Journal
Volume10
Publication statusPublished - 1995

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