Podcast
Questions and Answers
What led to the necessity of qualifying the 'pure' theory of voluntarily assumed obligations?
What led to the necessity of qualifying the 'pure' theory of voluntarily assumed obligations?
- The decline of the use of standard form contracts
- The existence of standard form contracts with favorable terms
- The rise of individually negotiated contracts
- The fact that many individuals had no practical choice but to agree to certain terms (correct)
What is the main focus of the Consumer Rights Act?
What is the main focus of the Consumer Rights Act?
- Exclusion and limitation clauses (correct)
- Defining the price and main subject terms of a contract
- Setting standards for satisfactory quality of goods and services
- Reviewing all terms in a contract
What happens when the contract is preceded by negotiations that leave the general conditions substantially untouched?
What happens when the contract is preceded by negotiations that leave the general conditions substantially untouched?
- The contract will be subject to additional terms and conditions.
- The parties will still be held to be contracting on written standard terms of business. (correct)
- The parties will not be held to be contracting on written standard terms of business.
- The contract will be considered void.
What terms cannot be excluded under the Consumer Rights Act?
What terms cannot be excluded under the Consumer Rights Act?
What did courts rely on to control onerous clauses in contracts?
What did courts rely on to control onerous clauses in contracts?
What is the requirement for clauses that attempt to exclude or limit liability?
What is the requirement for clauses that attempt to exclude or limit liability?
What is the key difference between the Consumer Rights Act and UCTA?
What is the key difference between the Consumer Rights Act and UCTA?
What is a common characteristic of standard form contracts?
What is a common characteristic of standard form contracts?
What is the purpose of s.3(2)(a) according to Bingham MR in Timeload Ltd v British Telecommunications plc EMLR 459?
What is the purpose of s.3(2)(a) according to Bingham MR in Timeload Ltd v British Telecommunications plc EMLR 459?
What is the purpose of the provision in Section 64 of the Consumer Rights Act?
What is the purpose of the provision in Section 64 of the Consumer Rights Act?
What is the distinction between s.3(2)(a) and s.3(2)(b)?
What is the distinction between s.3(2)(a) and s.3(2)(b)?
Why did courts go to great lengths to find that a clause was not incorporated into the contract?
Why did courts go to great lengths to find that a clause was not incorporated into the contract?
What will indicate that the contract was not on the other's written standard terms?
What will indicate that the contract was not on the other's written standard terms?
What is the significance of the European directive in the context of the Consumer Rights Act?
What is the significance of the European directive in the context of the Consumer Rights Act?
What is a common scenario where standard form contracts are used?
What is a common scenario where standard form contracts are used?
Which type of contract terms can never be excluded under UCTA?
Which type of contract terms can never be excluded under UCTA?
Under UCTA, what is the requirement for excluding liability under implied terms as to description or quality?
Under UCTA, what is the requirement for excluding liability under implied terms as to description or quality?
What is the significance of a contract being made through an exchange of letters under UCTA?
What is the significance of a contract being made through an exchange of letters under UCTA?
What are the special provisions in UCTA 1977 related to?
What are the special provisions in UCTA 1977 related to?
What is the purpose of asking specific questions when dealing with an exemption clause?
What is the purpose of asking specific questions when dealing with an exemption clause?
Under what circumstances can liability for statutory implied terms be excluded in a B2B contract?
Under what circumstances can liability for statutory implied terms be excluded in a B2B contract?
What is the timeframe for judging the reasonableness of excluding liability for statutory implied terms in a B2B contract?
What is the timeframe for judging the reasonableness of excluding liability for statutory implied terms in a B2B contract?
What is a key consideration for the court when determining whether an exclusion clause is reasonable?
What is a key consideration for the court when determining whether an exclusion clause is reasonable?
What is the primary difference between B2B and B2C contracts in terms of statutory control?
What is the primary difference between B2B and B2C contracts in terms of statutory control?
What does 'good faith' require in the context of B2C contracts?
What does 'good faith' require in the context of B2C contracts?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
What is the primary consideration in assessing whether a term is unfair under UCTA?
What is the primary consideration in assessing whether a term is unfair under UCTA?
Under what circumstances is a term in a contract less likely to be considered unfair?
Under what circumstances is a term in a contract less likely to be considered unfair?
What characteristic of a business model may lead to a term being considered unfair?
What characteristic of a business model may lead to a term being considered unfair?
What is the significance of the presence of a professional adviser in contract negotiations?
What is the significance of the presence of a professional adviser in contract negotiations?
What type of terms are always considered unfair under UCTA?
What type of terms are always considered unfair under UCTA?
What is the primary focus of the assessment of unfairness under UCTA?
What is the primary focus of the assessment of unfairness under UCTA?
What is the significance of the 'good faith' requirement in UCTA?
What is the significance of the 'good faith' requirement in UCTA?
What is the impact of individual negotiations on the assessment of unfairness under UCTA?
What is the impact of individual negotiations on the assessment of unfairness under UCTA?
What is the primary characteristic of a standard form contract?
What is the primary characteristic of a standard form contract?
What is the significance of the savvy nature of the consumer in assessing unfairness under UCTA?
What is the significance of the savvy nature of the consumer in assessing unfairness under UCTA?
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