swarb.co.uk - law index
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Consumer - From: 1991 To: 1991
This page lists 4 cases, and was prepared on 20 May 2019.
ÂRegina v Modupe [1991] CCLR 29
1991
CACD
Lord Lane CJ and Henry and Hidden JJ
Crime, Consumer
The appellant obtained loans enabling him to buy cars by giving false information when entering into hire purchase agreements. The relevant agreement did not contain all the prescribed information and was improperly executed so that by virtue of section 65 it was only enforceable on the order of the court. The appellant had been convicted of evading an existing liability by deception with intent to make permanent default contrary to section 2(1) (b) of the Theft Act 1978. He appealed against conviction, contending that since the agreement was enforceable only on the order of the court, there was no existing liability, as there was no liability until such an order was made. Held. The fact that under section 65(1) the agreement was only enforceable on an order of the court did not mean that there was no existing liability on the part of the debtor "There was an existing liability, albeit only enforceable by an order of the court. It is quite plain from s 65 that the object of that provision is that if the agreement is not properly completed, then one of the methods of the disappointed contractor enforcing his liability is removed from him. He cannot help himself. In other words he cannot retake the vehicle if it is a hire-purchase type of agreement. But the argument that no legal liability exists in the light of those matters is one which is not tenable."
Consumer Credit Act 1974 65 - Theft Act 1968 2(1)(b)
1 Citers
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First National Bank Plc v Syed [1991] 1 All ER 250
1991
CA
Dillon LJ, Ralph Gibson LJ
Banking, Consumer
The court can exercise the supervisory jurisdiction over consumer contracts under the 1974 Act irrespective of any application made by a party.
Consumer Credit Act 1974
1 Citers
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Denard v Smith and Dixons [1991] Tr LR 89
1991
QBD
Watkins LJ and Hutchinson J
Consumer
A Christmas Dixons were offering, both in their brochures and by a placard in the store, a computer, joystick and four software packages, including Nintendo games, all for £149.95. A Mrs Grover decided to buy this from Dixons, her son being particularly interested in Nintendo games. She paid a deposit on 12th December. She returned a few days later to take delivery. On getting home she found that three of the software packages were not there, including the Nintendo games. At some point on the 12th Dixons had apparently run out of those three software packages. It was submitted on behalf of Dixons that the trade descriptions were true when the placards were put up and the fact that they ran out of stock thereafter did not make the trade descriptions false. "This was not, as in the case of the corner table in the Cavendish Woodhouse case, a simple failure "to deliver one or more of the elements contracted for, because during the relevant days the respondents, in the knowledge that they had no stock of items 3-5, were offering and supplying a package which customers understood contained everything described on the placard." The trade description became false sometime on 12th December and remained so at the time that Mrs Grover had taken delivery.
1 Cites
1 Citers
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 Criminal proceedings against Di Pinto; ECJ 14-Mar-1991 - C-361/89; [1991] EUECJ C-361/89; [1991] ECR I-1189
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