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Return to JC Smith's The Law of Contract, 3e Student Resources
Chapter 19 Self-test questions
Unconscionable bargains and inequality of bargaining power
Quiz Content
*
not completed
.
When may a contract be unconscionable?
If the claimant is 'poor and ignorant'
correct
incorrect
If the terms of the contract are substantially disadvantageous to the claimant.
correct
incorrect
If the claimant had no independent advice.
correct
incorrect
All of the above options are correct.
correct
incorrect
*
not completed
.
Did the court in
Fry v Lane
set out exhaustively the circumstances under which unfair dealing may be made out?
Yes.
correct
incorrect
No.
correct
incorrect
*
not completed
.
Which of the following statements about unconscionable bargains is true?
The argument that a contract should be voidable as an unconscionable bargain always succeeds.
correct
incorrect
The argument that a contract should be voidable as an unconscionable bargain often succeeds.
correct
incorrect
The argument that a contract should be voidable as an unconscionable bargain rarely succeeds.
correct
incorrect
The argument that a contract should be voidable as an unconscionable bargain never succeeds.
correct
incorrect
*
not completed
.
How prepared are the courts to step in and hold that a contract can be set aside whenever there is an inequality of bargaining power between the parties?
The courts will step in whenever there is any inequality of bargaining power.
correct
incorrect
The courts will step in only where there is a substantial inequality of bargaining power.
correct
incorrect
The courts will rarely step in in such circumstances.
correct
incorrect
The courts never step in: there are no legislative or common law protections for weaker parties.
correct
incorrect
*
not completed
.
Why did the Court refuse to endorse a common law doctrine of inequality of bargaining power in
National Westminster Bank v Morgan
?
Powerful parties should be free to prey on weaker ones.
correct
incorrect
Parliament has undertaken the task of enacting restrictions upon freedom of contract.
correct
incorrect
Freedom of contract must never be undermined.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
Which of the following options was
not
a reason identified by Lord Denning in
Lloyds Bank v Bundy
, to conclude that
Bundy
fell within his general principle of inequality of bargaining power?
The consideration provided by the bank was grossly inadequate relative to the risks the father was undertaking.
correct
incorrect
The bank and the father were in a relationship of confidence.
correct
incorrect
The bank had never met the father or the son.
correct
incorrect
The bank had a conflict of interest between the bank's interests and the father's interests.
correct
incorrect
*
not completed
.
Which of the options given is
not
a relevant consideration as to whether a relationship is unfair under section 140A of the Consumer Credit Act 1974?
Whether the contract is written or oral.
correct
incorrect
The terms of the agreement.
correct
incorrect
The way in which the creditor exercised or enforced their rights under the agreement.
correct
incorrect
Anything done by, or on behalf of, the creditor.
correct
incorrect
*
not completed
.
Will all unequal creditor-debtor relationships be caught by the 1974 Act?
Yes.
correct
incorrect
No.
correct
incorrect
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