Life On The Line: How to Lose a Million and So Much More

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The issue was whether the contract was a "consumer contract" within the meaning of Section 25(1) of the 1977 Act which defines such a contract as one in which "one party to the contract deals and the other party to the contract (the consumer) does not deal or hold himself out as dealing in the course of business". In the present case the agent for the defender submitted that in employing someone effectively to act as a recruitment consultant the defender was not engaging in a managerial act; it was a matter of personal requirement that he seek employment. They were using the money in a way which they hoped would be profitable but merely to use money in a way one hopes would be profitable is not enough, in my view to be engaging in trade".

During his Motherwell career he was very injury prone, he broke his arm at the start of the 2000/2001 season while on a pre-season tour of the Netherlands, he broke it again later in the season. Despite being a popular player at the club with fans and teamates alike he was frozen out when Eric Black arrived as manager. In my respectful view Di Pinto ought to have been followed in Chris Hart; if it had been the potential absurdity of a major trader claiming the protection afforded to a consumer whenever he stepped out of his habitual line of business would not have arisen. A few weeks later he scored the only goal in a 1-0 win when the ten men of Motherwell ( Shaun Teale being sent off in the first half) upset Celtic at Parkhead, he repeated this feat against St Johnstone the following weekend.He said that he did not think that the European Court could have intended those words as a substitute for the words of the relevant EEC directive (with which he was concerned) or of the Brussels Convention, but even if they were to be applied literally concluded that the contracts in question were for the purpose of satisfying the needs of the defendants in terms of private consumption. In Chris Hart, the Sheriff Principal began by rejecting the relevance of Di Pinto on the basis that it related to "a directive that protects consumers in respect of certain particular commercial practices". The word 'business' is notoriously difficult to define precisely but in my view in its ordinary sense it implies not only activity for gain but a degree of organisation of activity for gain.

On the last day of the season Kevin scored a goal when the ‘Well defeated Rangers at Fir Park as the side were chasing a UEFA cup spot, the game finished 2-0 with John Spencer grabbing the other. That decision was the subject of an appeal to the Sheriff Principal the argument being that the defenders had been acting in the course of their trade and that Rule 3 did not apply.I thought the author was very honest and brave telling us what he did to get money to gamble, especially to his family as it clearly continues to make him feel very ashamed about what he did. I have no doubt that the occupation of the defender, namely that of professional footballer, is a trade or profession. You can change your cookie preferences at any time and find out more about our cookie policy by following this link. The general position of the defender is undoubtedly supported by the decisions in Chris Hart (Business Sales) and B J Mann Advertising, although the defender's agent did not in terms submit that these decisions should be followed directly. That means that by no stretch of the imagination can it be said to be for matters outside of his trade or profession, and accordingly this is not a consumer contract".