The claimant had sought to conduct a competition to sell his house, the entry fees being collected by the defendant internet payment services provider. The defendant terminated the service to him, and he complained that that caused him substantial damages, and that the terms were unfair.
Held: ‘Mr Overy is not entitled to the protection of the Unfair Terms in Consumer Contracts Regulations 1999 but . . even if he had, I would not have held that any of the individual contractual provisions in his contract with Paypal which he challenges would be unenforceable under those Regulations, save for the unrestricted power reserved by Paypal to terminate without cause and without notice and some of the provisions limiting or restricting liability for breach of contract. On the other hand, Mr Overy is entitled to the protection of the Unfair Contract Terms Act 1977, though only two of the relevant contractual provisions are challenged on this basis. Under the Act, I have concluded that Paypal is nonetheless entitled to rely upon the exclusion of any liability for loss of profits, goodwill, business, contracts, revenue or anticipated savings under clause 2.5 of the User Agreement, and on the more general exclusion of liability for any indirect or consequential loss or damage.’
Judges:
Hegarty QC J
Citations:
[2012] EWHC 2659 (QB), [2013] Bus LR D1
Links:
Statutes:
Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulations 1999
Jurisdiction:
England and Wales
Consumer, Banking
Updated: 22 July 2022; Ref: scu.471776
