The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to consider whether on an objective assessment, the term caused a significant imbalance between the parties to the detriment of the consumer.
Judges:
Lord Justice Clarke Lord Justice Pill Mr Justice Rimer
Citations:
[2005] EWCA Civ 973, [2005] BLR 508
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Bryen and Langley Limited v Boston TCC 4-Nov-2004
. .
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 – Office of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Lists of cited by and citing cases may be incomplete.
Construction, Contract, Consumer
Updated: 01 July 2022; Ref: scu.229148