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Ketley v Gilbert, Court of Appeal, 21 December 2000

1 February 2001
The issues

Credit Hire, meaning of “on the expiry of 12 months” – Attitude of the Courts to be adopted

The facts

A car hire agreement which provided for hire charges to be met by a single payment on the expiry of 12 months starting with the date of the agreement.

The decision

Following Zoan v Ruamba a clear meaning of on the expiry of 12 months in plain English meant after 12 months had been exceeded and therefore did not come within the exemption. The agreement was not therefore enforceable see Dimond v Lovell.

Perhaps more importantly there is a re-emphasis of the passage in Zoan that these agreements should be interpreted contra proferentem and against the commercial interest.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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