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Characteristics of a regulated consumer hire agreement

Morton Fraser
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United Kingdom
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December 9 2009

The essence of hire that is required for a consumer hire agreement for the purposes of the Consumer Credit Act 1974 is that the hirer acquires the use and possession of goods from the owner of the goods in return for a rent, whether that rent is payable in cash or in kind

The cost of providing a “free” car must be made clear

Morton Fraser
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United Kingdom
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December 9 2009

There is another case in the continuing saga of what can be claimed if a car is provided whilst the Claimant’s car is being repaired due to an accident involving the Defendant

Two different views of how changes in the contractual relationship may affect the related security

Morton Fraser
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United Kingdom
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December 9 2009

Two cases show how in certain circumstances the security given by a person or a third party may cover changes in a contract

Is a higher APR an unfair relationship?

Morton Fraser
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United Kingdom
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December 9 2009

The existence of a higher APR is not of itself indicative of an unfair relationship for the purposes of the Consumer Credit Act

Mid ticket leases can be subject to the Unfair Contract Terms Act 1977

Morton Fraser
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United Kingdom
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December 9 2009

It is recognised that small ticket lessor terms and conditions are subject to the "reasonableness" test in the Unfair Contract Terms Act 1977

Dolphin Tankers v China Shipbuilding Trading Co

Morton Fraser
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United Kingdom
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February 15 2010

Dolphin Tankers, (the Buyer) applied to court to oblige China Shipbuilding Trading Co (the Builder) to allow it to carry out testing of welds on a ship under construction

ENE Kos v. Petroleo Brasileiro SA Petrobras (The Kos) 2010

Morton Fraser
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United Kingdom
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July 30 2010

By a charterparty on Shelltime 3 form dated 2 June 2006, the owners (the "Owners") chartered the MT Kos to the charterers (the "Charterers") for 36 months (plus or minus 15 days at the Charterer's option

Exercise of the fleet lien in the UK

Morton Fraser
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United Kingdom
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July 30 2010

An aircraft leasing company, Global Knafaim Leasing Ltd (“GKL”) leased an aircraft to Zoom Inc (“Zoom”), a Canadian airline. In August 2008 Zoom fell into financial difficulties and soon after went into liquidation