When is a consumer not a consumer?
In Overy v Paypal (Europe) Ltd  EWHC 2659 (QB), Mr Overy wanted to sell his home. He decided that he would make more money if he offered the house as a prize in a competition. He planned to use Paypal to collect the competition entry fees. Mr Overy also ran a photography business, and in applying for Paypal’s service he clicked on the service for businesses, as opposed to that for private individuals, to enable him to accept card payments directly via his own website (rather than diverting them to the Paypal website). In support of his application, Mr Overy provided a mixture of his personal and business details.
Paypal subsequently suspended Mr Overy’s account on the grounds that he had breached the terms of his contract by providing untrue or misleading information and failing to obtain the necessary approval from Paypal in relation to the competition, and also because it had reason to believe he might have been engaged in fraudulent, unlawful or improper activity. Mr Overy sued for breach of contract.
The issue for determination by the High Court was whether the terms relied upon by Paypal were valid under the Unfair Terms in Consumer Contracts Regulations 1999. This in turn involved a consideration of whether Mr Overy was a consumer for the purposes of the regulations…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
When a housing association sought possession against a tenant with severe mental health problems…
The aim of the directive is to ensure that consumers who purchase a property are protected against the risks. It also introduces EU harmonisation requirements on lenders.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.