Author: Dennis Chapman
Published: September 3, 2012
Reading time: 1 minute
This article is 9 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
In a recent case (Spreadex Ltd v Cochrane 2012) a Defendant was successful in arguing against payment of £50,000 of debts allegedly run up by his girlfriend’s young son who, without his knowledge or permission, has accessed his account.
The Court found that the particular terms of the contract resulted in a significant imbalance in the rights of each party and therefore was deemed unfair under the Unfair Terms in Consumer Contracts Regulations 1999.
When opening an account a user was faced with a 49 page agreement with closely printed and complex paragraphs. The Court took exception to this fact also.
A Lawgistics top tip is for any motor dealer using online terms and conditions for internet sales to draw attention to any particular term that is of paramount importance to the customer in knowing what they are letting themselves in for, when using the website to purchase.
