The purchaser of a caravan park purported to terminate the 10 year licences under which the owners of the various caravans occupied their respective pitches. The sale agreement of the caravan site had contained a covenant by the purchaser with the vendor to perform and observe the future obligations imposed by the licences. The claimant sought to assert that a term implied into her contract with the defendant was unfair under the 1999 Regulations.
Held: Under the sale agreement the purchaser took the benefit of the licences conditionally on accepting the burdens thereunder, and there is a principle that one who takes the benefit of a licence to occupy the land granted to another in the form of an income stream, presumably by receiving periodical payments, will be bound by the burden to permit the licence-holder to occupy his pitch.
Regulation 4(2) excluded terms which reflected mandatory statutory provisions, but clauses implied at common law were to reflect the unspoken but obvious intentions of the parties. It was highly unlikely that the 1999 Regulations could ever apply to such terms. This was supported by an examination of the indicative list of unfair terms in the Regulations.
Judge Pelling, QC
Times 13-Nov-2006, [2006] All ER (D) 161 (Nov), 2006 WL 3206169
Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083)
England and Wales
Cited by:
Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – Davies and Others v Jones and Another CA 9-Nov-2009
The parties contracted for the sale of land for development. The contract allowed for the costs of environmental remediation, but disputed the true figure set by the eventual builder and retained. The court now heard argument about whether the sum . .
Lists of cited by and citing cases may be incomplete.
Contract, Consumer
Updated: 01 November 2021; Ref: scu.247641
