Is Contract Unenforceable?

[Amilcar]

The EU Distance Selling Directive (Regs in this country) requires that certain information is provided to buyers before a contract is entered into. I gather that one such piece of information includes the status of the seller's company e.g. whether it is a limited liability one. It is the case in England/Wales also in the seller's country, in this instance France, that limited liability anyway be disclosed. If the selling company has not provided this information during a Distance Selling transaction, pre-contract and subsequently, can the contract be deemed unenforceable on both the grounds that disclosure was necessary under company law (both England's and France's) and because it should have been made clear as part of the Distance Selling consumer protection provisions? (Regular legal contributors will be aware of my ongoing Claim aganist a French motor trader).... TNX

[garethjamess]

Not providing the company status would not render the contract as voidable under the distance selling regulations. Other statute may be relevant, however, I cannot see that your argument would hold water to rescind the contract on its current merits.