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Equipment lease and hire

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Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

The following Commercial news provides comprehensive and up to date legal information on Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Commercial weekly highlights—16 September 2021

Commercial weekly highlights—16 September 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—16 September 2021

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

The following Commercial news provides comprehensive and up to date legal information on Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

Featured Commercial content

Fiduciary Duties

Fiduciary Duties

Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

Conditions precedent in commercial contractsThis Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It...

Deeds

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

Mistake in contract law

Mistake in contract law

Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...

Practice notes

Incoterms® 2020 Rules—CIP Carriage and insurance paid to

Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
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19th May
Practice notes

The British Franchise Association (BFA)

The British Franchise Association (BFA)This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise...
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Produced in partnership with Tim Rickard of Fieldfisher and David Bond of Fieldfisher 19th May
Q&As

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they document their intention to continue or enter into a new contract?

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they...
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19th May
Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...
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19th May
tag iconIn-house
Practice notes

Key differences in the law of contract between Scots and English law

Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
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Produced in partnership with Morton Fraser 19th May
tag iconScottish Law
Practice notes

The EU Consumer Rights Directive

The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
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19th May
Practice notes

Incoterms® 2020 Rules—CPT Carriage paid to

Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
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19th May
Practice notes

Affirmation

AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
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19th May
Precedents

Counterparts clause

1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
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19th May
tag iconIn-house
Practice notes

Agent and principal relationships with third parties

Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
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19th May
Practice notes

Bailment

BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
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Produced in partnership with Quentin Tannock of 4 Pump Court 19th May
Precedents

Execution clause—company—contract

Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
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19th May
tag iconIn-house
Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
Practice notes

Private right of redress for consumers

Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
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19th May
Practice notes

Incoterms® 2020 Rules—DPU Delivered at Place Unloaded

Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
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19th May
Practice notes

Subcontracting

SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
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19th May

Most recent Equipment lease and hire content

Q&As

Can a bailment arise where Party A stores vehicles for Party B without monetary consideration?

Can a bailment arise where Party A stores vehicles for Party B without monetary consideration? This Q&A assumes that Party A stored vehicles for Party...
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17th Sep
Q&As

Can the terms of an original equipment lease agreement between a lessor and a lessee, be deemed to apply to any future lease agreement entered into between the (former) lessee (now lessor) and a new lessee for the same equipment?

Can the terms of an original equipment lease agreement between a lessor and a lessee, be deemed to apply to any future lease agreement entered into...
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13th Sep
Q&As

Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the auctioneer for the proceeds of sale?

Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the...
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Produced in partnership with Christopher Snell of New Square Chambers 13th Sep
Q&As

Where A stores its equipment at B’s facility and its equipment is removed without A’s knowledge, can A ask for its return or can B sell A’s equipment, without A’s knowledge or consent, in order to satisfy a debt A owes to B? If so, does A have any security over the proceeds of sale?

Where A stores its equipment at B’s facility and its equipment is removed without A’s knowledge, can A ask for its return or can B sell A’s equipment,...
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13th Sep
Q&As

When drafting a notice under the Torts (Interference with Goods) Act 1977 of a bailee’s intention to sell goods, if storage costs fall to the bailee as a result of having to store the goods, can those costs be included in the sum claimed in the notice if they flowed from the bailor’s failure to collect and pay for the goods?

When drafting a notice under the Torts (Interference with Goods) Act 1977 of a bailee’s intention to sell goods, if storage costs fall to the bailee...
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3rd Sep
Q&As

If a bailee serves notice on a bailor under Part I of Schedule 1 to the Torts (Interference with Goods) Act 1977, must the bailee arrange and pay for the goods to be returned to the bailor or can the bailee insist that the goods are collected by the bailor from the bailee's premises?

If a bailee serves notice on a bailor under Part I of Schedule 1 to the Torts (Interference with Goods) Act 1977, must the bailee arrange and pay for...
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2nd Sep
Q&As

Would an equitable claim arise if a person, who is in possession of another's asset, incurs costs to upgrade the asset to be fit for purpose and seeks recovery of those costs from the owner?

Would an equitable claim arise if a person, who is in possession of another's asset, incurs costs to upgrade the asset to be fit for purpose and seeks...
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2nd Sep
Practice notes

Bailment

BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
Read More >
Produced in partnership with Quentin Tannock of 4 Pump Court 2nd Sep
Precedents

Equipment hire agreement—pro-hirer

Equipment hire agreement—pro-hirerThis Agreement is made on [date]Parties1[insert name of supplier] [of OR a company incorporated in [England and...
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Produced in partnership with Paul de Vince of Gateley 11th Aug
Practice notes

What does IP completion day mean for supply of goods?

What does IP completion day mean for supply of goods?How does Brexit impact supply of goods?Brexit affects the supply of goods to the extent that any...
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11th Aug
Practice notes

Equipment leasing and hiring

Equipment leasing and hiringThis Practice Note provides an overview of the contractual considerations which arise when leasing or hiring equipment,...
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Produced in partnership with Paul de Vince of Gateley 11th Aug
Precedents

Equipment hire agreement—pro-supplier

Equipment hire agreement—pro-supplierThis Agreement is made on [date ]Parties1[insert name of supplier] [of OR a company incorporated in [England and...
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Produced in partnership with Paul de Vince of Gateley 11th Aug
Q&As

Is a lease of equipment a personal right? Where equipment subject to a lease agreement is sold to a third party, will the third party be liable for any obligations under the original lease?

Is a lease of equipment a personal right? Where equipment subject to a lease agreement is sold to a third party, will the third party be liable for...
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11th Aug
Q&As

Can a finance company lessor compel the original supplier of equipment to buy back that equipment at the end of the lease period between the lessor and the lessee where there is no specific contractual provision to do so?

Can a finance company lessor compel the original supplier of equipment to buy back that equipment at the end of the lease period between the lessor...
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11th Aug
Q&As

Does a third party landlord (C) have the right to impose storage charges on the owner of equipment (A) where A’s equipment is located on C’s premises but where there is no contractual relationship between A and C?

Does a third party landlord (C) have the right to impose storage charges on the owner of equipment (A) where A’s equipment is located on C’s premises...
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11th Aug
Q&As

Under section 10 of the Supply of Goods (Implied Terms) Act 1973, what is a ‘relevant hire purchase agreement’? Does section 10 apply to business to business contracts?

Under section 10 of the Supply of Goods (Implied Terms) Act 1973, what is a ‘relevant hire purchase agreement’? Does section 10 apply to business to...
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11th Aug
Q&As

When a business purchases a new vehicle under an unregulated finance lease and the vehicle subsequently develops a number of faults, who should the business pursue its claim against under the Sale of Goods Act—the selling garage or finance company? The finance agreement includes an exclusion of liability clause for any damage arising by reason of any defects in the equipment.

When a business purchases a new vehicle under an unregulated finance lease and the vehicle subsequently develops a number of faults, who should the...
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11th Aug
Q&As

Legally speaking, is there any material difference between the terms ‘rental agreement’ and ‘lease agreement’ where the underlying arrangement relates to the hire (and no transfer of ownership) of electrical hardware? I have reviewed the Practice Notes on lease and hire agreements and notice that the authors sometimes use ‘rentals’ to refer to payments under these arrangements.

Legally speaking, is there any material difference between the terms ‘rental agreement’ and ‘lease agreement’ where the underlying arrangement relates...
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31st Jul
Q&As

What recourse does a hirer have against the supplier of defective goods where it has hired goods from a finance company?

What recourse does a hirer have against the supplier of defective goods where it has hired goods from a finance company?See the following:•Practice...
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31st Jul

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