Chapter 14 Self-test questions

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. The EC Directive on Unfair Terms in Consumer Contracts (93/13/EC) was the first major European intervention into the heartland of domestic contract law. The European origins of what is now Part 2 of the Consumer Rights Act 2015 are reflected most markedly in the interpretation of which of the following terms in the Act?

'Good faith' correct incorrect

'Consumer' correct incorrect

'Unfair term' correct incorrect

'Individually negotiated' correct incorrect

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. When will a term be held to be unfair for the purpose of section 62 of the Consumer Rights Act 2015?

Where, contrary to the requirement of good faith, the term causes a significant imbalance in the rights and obligations of the parties under the contract to the detriment of the consumer correct incorrect

The deal is a poor one for the consumer correct incorrect

There is a slight imbalance in the terms of the contract to the detriment of the consumer correct incorrect

The non-consumer party to the contract has not acted in good faith correct incorrect

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. Section 64 of the Consumer Rights Act 2015 excludes from review for unfairness terms that specify the main subject matter of the contract and price terms (the so-called 'core terms') provided that certain conditions are satisfied. What are these conditions?

The term is transparent and prominent correct incorrect

The term has not been individually negotiated correct incorrect

The term is in plain intelligible language correct incorrect

The term is likely to be understood by the average consumer correct incorrect

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. What is the legal effect of the inclusion of a term in the list of terms set out in Schedule 2 of the Consumer Rights Act 2015?

The term is automatically unfair correct incorrect

The term is automatically fair correct incorrect

The term may be regarded as unfair correct incorrect