Clarke & Ors v Get Training Ltd

Clarke & Ors v Get Training Ltd

The appellants' obligations to pay course charges were discharged when GE Money paid the Company under the varied contracts. The Company, having made misrepresentations without the appellants' knowledge, was not entitled to recover the course charges from the appellants after refunding GE Money. The claims against the appellants failed as their obligations had been discharged and they were not responsible for the misrepresentations.

Parties
Appellant: Steven Clarke & Ors; Respondent: Get Training Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2010
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Variation of Contract, Misrepresentation, Discharge of Obligations, Unjust Enrichment, Costs in Small Claims Track
Contract Law Consumer Credit Variation of Contract Misrepresentation Discharge of Obligations Unjust Enrichment Costs in Small Claims Track

Case Brief

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Parties

Steven Clarke & Ors

Appellant

Get Training Limited

Respondent

Procedural Posture

Civil Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the appellants remained liable to pay course charges after the Company refunded loan monies to GE Money due to misrepresentation
  2. 2 Whether the variation of the original training contracts discharged the appellants' obligations upon payment by GE Money
  3. 3 Whether the Company could recover course charges from the appellants after its own misrepresentation led to the refund to GE Money

Ratio Decidendi

The appellants' obligations to pay course charges were discharged when GE Money paid the Company under the varied contracts. The Company, having made misrepresentations without the appellants' knowledge, was not entitled to recover the course charges from the appellants after refunding GE Money. The claims against the appellants failed as their obligations had been discharged and they were not responsible for the misrepresentations.

Court Disposition

appeal allowed

Orders

  • Orders for payment of course charges against the appellants set aside
  • No order for costs of the appeal