40 Questions
What led to the necessity of qualifying the 'pure' theory of voluntarily assumed obligations?
The fact that many individuals had no practical choice but to agree to certain terms
What is the main focus of the Consumer Rights Act?
Exclusion and limitation clauses
What happens when the contract is preceded by negotiations that leave the general conditions substantially untouched?
The parties will still be held to be contracting on written standard terms of business.
What terms cannot be excluded under the Consumer Rights Act?
Liability for negligently caused death or personal injury
What did courts rely on to control onerous clauses in contracts?
Indirect means of control
What is the requirement for clauses that attempt to exclude or limit liability?
The requirement of reasonableness.
What is the key difference between the Consumer Rights Act and UCTA?
Under UCTA, statutory implied terms can be excluded if reasonable against a business
What is a common characteristic of standard form contracts?
They are rarely modified
What is the purpose of s.3(2)(a) according to Bingham MR in Timeload Ltd v British Telecommunications plc EMLR 459?
To exonerate a contractual party in default from the ordinary consequences of that default.
What is the purpose of the provision in Section 64 of the Consumer Rights Act?
To exclude the price and main subject terms of a contract from the Act
What is the distinction between s.3(2)(a) and s.3(2)(b)?
s.3(2)(a) is aimed at the 'classic type' of exclusion clause.
Why did courts go to great lengths to find that a clause was not incorporated into the contract?
To protect the weaker party in the contract
What will indicate that the contract was not on the other's written standard terms?
Any more than insubstantial difference between the terms proposed and agreed.
What is the significance of the European directive in the context of the Consumer Rights Act?
It was a European directive that was incorporated into English law and remains in the Consumer Rights Act
What is a common scenario where standard form contracts are used?
When taking a train
Which type of contract terms can never be excluded under UCTA?
Terms as to title or ownership
Under UCTA, what is the requirement for excluding liability under implied terms as to description or quality?
The clause must satisfy the requirement of reasonableness
What is the significance of a contract being made through an exchange of letters under UCTA?
The contract is not on 'written standard terms'
What are the special provisions in UCTA 1977 related to?
Contracts for the sale or supply of goods
What is the purpose of asking specific questions when dealing with an exemption clause?
To determine the enforceability of the clause
Under what circumstances can liability for statutory implied terms be excluded in a B2B contract?
If it isreasonable to do so
What is the timeframe for judging the reasonableness of excluding liability for statutory implied terms in a B2B contract?
At the time of contracting
What is a key consideration for the court when determining whether an exclusion clause is reasonable?
All of the above
What is the primary difference between B2B and B2C contracts in terms of statutory control?
B2B contracts are governed by the Unfair Contract Terms Act, while B2C contracts are governed by the Consumer Rights Act
What does 'good faith' require in the context of B2C contracts?
Fair and open dealing
What type of contractual provision permits the trader to retain sums paid by the consumer if the consumer decides not to continue with the contract?
A term which permits the trader to retain, without compensation, sums paid by the consumer if the consumer decides not to continue with the contract
What type of contractual provision requires a consumer who does not fulfil his obligations to pay a disproportionately high sum in compensation for services that have not been supplied?
A term which requires a consumer who does not fulfil his obligations to pay a disproportionately high sum in compensation for services that have not been supplied
What type of contractual provision permits the trader to determine the characteristics of the contractual subject matter after the consumer has become bound by the contract?
A term which permits the trader to determine the characteristics of the contractual subject matter after the consumer has become bound by the contract
What type of contractual provision permits the trader to increase the price of goods or services without the consumer having a corresponding right to cancel if the price demanded is too high compared to that first agreed?
A term which permits the trader to increase the price of goods or services without the consumer having a corresponding right to cancel if the price demanded is too high compared to that first agreed
What type of contractual provision allows the trader to give the trader a discretion to determine after the consumer has entered the contract the price payable where no method of price determination was made known before contracting?
A term giving the trader a discretion to determine after the consumer has entered the contract the price payable where no method of price determination was made known before contracting
What is the primary consideration in assessing whether a term is unfair under UCTA?
The fairness and equity of the term in individual contract negotiations
Under what circumstances is a term in a contract less likely to be considered unfair?
When the consumer is a professional with relevant expertise
What characteristic of a business model may lead to a term being considered unfair?
Targeting consumers with low levels of awareness and experience
What is the significance of the presence of a professional adviser in contract negotiations?
The element of unfair surprise is absent
What type of terms are always considered unfair under UCTA?
Unreasonable terms
What is the primary focus of the assessment of unfairness under UCTA?
The fairness and equity of the term in individual contract negotiations
What is the significance of the 'good faith' requirement in UCTA?
It requires that terms be reasonable and fair
What is the impact of individual negotiations on the assessment of unfairness under UCTA?
It decreases the likelihood of a term being considered unfair
What is the primary characteristic of a standard form contract?
It is a type of contract that is used frequently by the supplier
What is the significance of the savvy nature of the consumer in assessing unfairness under UCTA?
It decreases the likelihood of a term being considered unfair
Test your knowledge on unfair contract terms that can be considered as unfair towards consumers. This quiz covers different types of contractual provisions that may be deemed unfair, including those related to compensation and binding terms.
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