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

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He was eventually released when the club went into administration at the end of the 2001/02 season with many employees and players losing their jobs. Whilst that case involves a wholly different definition of "consumer contract" the agent for the defender referred to a passage in the opinion of Lord Caplan (at p 1209) where he dealt with the question of whether the pursuer was dealing "in the course of a business".

In the context of these observations the agent for the defender stressed that his client was the ultimate consumer; the contract was for the purpose of satisfying his own needs - he was not "trading on". 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".Kevin, who has since gone on to play pool for Scotland, has not had a bet for more than six years, holds a prominent position in Gamblers Anonymous and now also uses his experiences to help the Professional Footballers Association (Scotland) to educate today's footballers of the pitfalls of gambling. It then shows, how, an incident that the gambler perceives as 'hitting rock bottom' has the power to awaken that person , giving him the power to confront his daemons, with the help of family and friends and GA! If such a person acts partly within, partly outside his trade or profession the situation only falls within the scope of Article 5 if he acts primarily outside his trade or profession". There is no dispute that this was a proper consequence of the conclusion that the case does not concern a "consumer contract". Despite being a popular player at the club with fans and teamates alike he was frozen out when Eric Black arrived as manager.

Moreover, the basis of protection afforded by the rules in relation to commercial practice - namely the protection of the "weaker" party to a transaction - also provide the underlying policy for the jurisdictional rule which was at the heart of the matter in Chris Hart as it is in this case. The decisive factor is, therefore, not the personal circumstances of the individual but rather his position under a particular contract, having regard to its scope and purpose". I am not disposed to do so, and I consider that Sheriff Taylor was well founded when he expressed doubts as to the soundness of these decisions in Semple Fraser v Quail. That argument embraces both the concept of the defender as a "final consumer" and the requirement that the contract was to "satisfy his own needs in terms of private consumption".That "private consumption" test was applied by Sheriff Taylor in this court in Semple Fraser v Quail, 2002 SLT (Sh Ct) 33, and was followed by the sheriff in the present case. In Chris Hart (Business Sales) Ltd v Niven, 1992 SLT (Sh Ct) 53 a firm specialising in the marketing of hotel and licensed premises raised an action for payment of sums claimed under a contract with the owner of licensed premises for the marketing of the premises.