Office of Fair Trading v Foxtons Ltd (Record no. 81412)

MARC details
000 -LEADER
fixed length control field 01966cad a22002295a 4500
001 - CONTROL NUMBER
control field L147161
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090407e20090402xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147161
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Office of Fair Trading v Foxtons Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 288, 2 April 2009. Terms in written contracts may not be enforceable if they are unfair to consumers. The Office of Fair Trading (OFT) appealed a decision which would have prevented it seeking a declaration that the respondent estate agent (F) could use contract terms, considered unfair by the OFT, in its letting agreements with landlords. The terms required landlords to pay the letting agent a commission if a tenant remains in a property, even if the agent no longer manages the property. F also required landlords to pay these sums after they have sold the property, even if the letting agent played no part in the sale. F cross-appealed, arguing the terms were not unfair and that the court had no power to grant such declarations. Held: appeal allowed, cross-appeal dismissed. The OFT could take enforcement action under the Unfair Terms in Consumer Contracts Regulations 1999 to protect consumers, and to try and enforce unfair contract terms. Article 7 of the Council Directive 93/13 applied, as did Director General of Fair Trading v First National Bank Plc. Whether or not the terms in any of F's contracts themselves are unfair will be the subject of a further substantive hearing.
590 ## - LOCAL NOTE (RLIN)
Local note KA NTK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OFFICE OF FAIR TRADING V FOXTONS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNCIL DIRECTIVE 93/13 1993
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DIRECTOR GENERAL OF FAIR TRADING V FIRST NATIONAL BANK PLC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR TERMS IN CONSUMER CONTRACTS 1999
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY AGENCY
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/288.html/">https://www.bailii.org/ew/cases/EWCA/Civ/2009/288.html/</a>
Public note View the case at: www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 07/04/2009   ONLINE PUBLICATION 147161-1001 06/08/2019 1 06/08/2019 Law report