End-of-chapter questions: Answer Guidance 19.1

Unconscionable bargains and inequality of bargaining power

For you to able to say whether the law should be reconsidered, you must be able first to set out what the law is. In doing so, try not to be purely descriptive: critical engagement with the law you consider will be rewarded. Try to relate the question to the quotation given too. Is it appropriate for judges to be the arbiters for whether something is morally or socially unacceptable? This links back to debates encountered in previous chapters, such as ‘lawful act duress’ in Chapter 17, which was at issue in CTN and is currently the subject of an appeal to the Supreme Court in Times Travel.

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