unenforceable « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged unenforceable

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Mark Weston

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

Tags on this discussion: agreement brand branding brands breach of contract commercial commercial agreement Commercial contract commercial contracts commission contract contract law contracts dispute High Court image rights reasonable reasonableness restraint of trade unenforceable unreasonable void

ISPs seek judicial ruling over legality of Digital Economy Act

21 July 2010 | Mark Weston

BT and Talk Talk – the Internet service providers – have asked the High Court to provide a ruling as to whether the Digital Economy Act is unlawful. They complain that the Act was scrambled through...

Tags on this discussion: copyright copyright infringement Digital Economy Act Digital Economy Bill ePrivacy Directive file-sharing High Court illegal Intellectual property intellectual property rights Internet service provider IP ISP P2P peer-to-peer privacy privacy and electronic communications (ec directive) regulations Privacy and Electronic Communications Directive privacy and electronic communications regulations unauthorised unenforceable unlawful

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Mark Weston

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

21 June 2010 | Mark Weston

The Unfair Terms Directive states that certain terms in standard business-to-consumer contracts are unfair if they are not in plain language or if they are unfair on consumers. That Directive has been...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts fair fairness plain English unenforceable unfair Unfair Terms Directive Unfair Terms in Consumer Contracts Regulations

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

11 June 2010 | Paul Gershlick

T agreed to indemnify M in a contract in relation to some particular litigation that may be brought against M. The agreement said that the indemnity would automatically end if M suffered any insolvency...

Tags on this discussion: administration anti-deprivation anti-deprivation principle anti-deprivation rule asset assignment breach creditors High Court indemnify indemnity Insolvency unenforceable

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

Tags on this discussion: breach of contract contract contract law contracts Court of Appeal damages implied term unenforceable

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable

16 March 2010 | Paul Gershlick

The Office of Fair Trading is taking legal action against Ashbourne Management Services for AMS’s gym membership contracts that provided no opportunity for members to terminate before a minimum three...

Tags on this discussion: business-to-consumer Consumer Protection from Unfair Trading Regulations contract contract law contracts illegal Office of Fair Trading OFT unenforceable Unfair Terms in Consumer Contracts Regulations unlawful

Latest input tagged unenforceable

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

ISPs seek judicial ruling over legality of Digital Economy Act

Several High Street names not operating within Distance Selling Rules

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable

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