EXAMPLES
Example 1
Facts.Correspondence passes between an employee of a moneylending company (writing...
Analysis.The correspondence constitutes antecedent negotiations falling within section 56(1)(a), the...
Example 2
Facts.Representations are made about goods in a poster displayed by...
Analysis.The representations in the poster constitute antecedent negotiations falling within...
Example 3
Facts.Discussions take place between a shopkeeper and a customer about...
Analysis.The discussions constitute antecedent negotiations falling within section 56(1)(c), the...
Example 4
Facts.Discussions take place and correspondence passes between a secondhand car...
Analysis.The discussions and correspondence constitute antecedent negotiations in relation both...
Example 5
Facts.E agrees to sell to F (an individual) an item...
Analysis.This is a credit-sale agreement (see definition of “credit-sale agreement...
Example 6
Facts.The G Bank grants H (an individual) an unlimited overdraft,...
Analysis.Although the overdraft purports to be unlimited, the stipulation for...
Example 7
Facts.J is an individual who owns a small shop which...
Analysis.Although the agreement appears to provide unlimited credit, it is...
Example 8
Facts.U, a moneylender, lends £500 to V (an individual) knowing...
Analysis.Although this appears to fall under section 11(1)(b), it is...
Example 9
Facts.A agrees to lend B (an individual) £4,500 in nine...
Analysis.This is a cash loan and is a form of...
Example 10
Facts.C (in England) agrees to bail goods to D (an...
Analysis.This is a hire-purchase agreement with a deposit of £1,000...
Example 11
Facts.X (an individual) borrows £500 from Y (Finance). As a...
(a) to execute a second mortgage on his house in...
(b) to take out a policy of insurance on his...
In accordance with the loan agreement, the policy is charged...
Analysis.The second mortgage is a transaction for the provision of...
Example 12
Facts.The N Bank agrees to lend O (an individual) £2,000...
Analysis.The agreement is a consumer credit agreement by virtue of...
Example 13
Facts.Q, a debt-adjuster, agrees to pay off debts owed by...
Analysis.This is an agreement to refinance existing indebtedness of the...
Example 14
Facts.On payment of £1, S issues to T (an individual)...
AnalysisThe trading check is a credit-token falling within section 14(1)(b)....
Example 15
Facts.A retailer L agrees with M (an individual) to open...
Analysis.This agreement provides credit falling within the definition of running-account...
Example 16
Facts.Under an unsecured agreement, A (Credit), an associate of the...
Analysis.This is a credit-token agreement falling within section 14(1)(a) and...
Example 17
Facts.The manager of the C Bank agrees orally with D...
Analysis.In drawing the cheque D, by implication, requests the Bank...
Example 18
Facts.F (an individual) has had a current account with the...
Analysis.It might well be held that the agreement with F...
Example 19
Facts.H (a finance house) agrees with J (a partnership of...
Analysis.This is a personal running-account credit agreement (see sections 8(1)...
Example 20
Facts.K (in England) agrees with L (an individual) to bail...
Analysis.This is not a hire-purchase agreement (see paragraph (b) of...
Example 21
Facts.The P Bank decides to issue cheque cards to its...
Analysis.The agreement under which the cheque card is issued to...
Example 22
Facts.The facts are as in Example 16. On one occasion...
Analysis.In exceeding his credit limit B, by implication, requests A...
Example 23
Facts.Under an oral agreement made on 10th January, X (an...
Analysis.The agreement of 10th January is a consumer credit agreement...
Example 24
Facts.On 1st March 1975 Z (in England) enters into an...
Analysis.When entered into on 1st March 1975, the agreement is...
The effect of the modifying agreement of 1st January 1978...
The total rental under the modifying agreement is £1,850. Accordingly...
