Each party contracted hire copiers to shops and offices. The claimant said that the defendant had interfered with their contracts by substituting their equipment. The defendants said that the claimants’ contracts were controlled by the 1974 Act, but that the claimant was not registered and could not enforce the agreements.
Held: Section 15 regulated agreements with individuals. The agreements were drafted on the basis that the hirer was a business, but many were made with individuals. The form of agreement was not covered by section 15 since the payments due were not hire payments but a share of those made by users. It was of the essence of a hire agreement that a rent whether in cash or in kind was paid for the possession of the goods.
Lord Hope of Craighead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond
[2009] All ER (D) 161, [2009] UKHL 35, [2009] Bus LR 1069, [2009] 2 Lloyd’s Rep 332, [2009] 4 All ER 33, [2009] 1 WLR 1375, [2009] WLR (D) 190
Bailii, Times, WLRD
Consumer Credit Act 1974 15
England and Wales
Citing:
At First Instance – TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd QBD 18-Jul-2007
The court considered as a preliminary issue the alleged inducement by the Defendant of breach of contract on the part of various customers of the Claimants.
Held: The Location Agreements were not consumer hire agreements within the meaning of . .
Appeal From – TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd CA 17-Apr-2008
The court declined an appeal against an order that copier hire agreements were not regulated under the 1974 Act. . .
Cited – Coggs v Bernard 1703
The defendant had care of the plaintiff’s cask of brandy. He broke the cask and spilt the brandy.
Held: A bailment can exist notwithstanding that it is gratuitous, i.e. without consideration passing from the bailor to the bailee. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other
Leading Case
Updated: 09 November 2021; Ref: scu.347028