Question 1

What is meant by reasonableness in the Unfair Contract Terms Act?

Accepted Answer

A)  That a reasonable person would enter into the contract 
B)  That a clause is reasonable in the circumstances of the case 
C)  That mentally ill people cannot sign contracts 
D)  That both parties need to be competent 
A)  That a reasonable person would enter into the contract 
B)  That a clause is reasonable in the circumstances of the case 
C)  That mentally ill people cannot sign contracts 
D)  That both parties need to be competent

Question 2

On what basis can the decisions in Zockoll v Mercury and Timeload v BT be distinguished from the decision in Paragon Finance v Nash?

Accepted Answer

A)  The courts considered that the provision of a mortgage was grounds to distinguish the Paragon 
B)  Paragon was concerned with a financial service of the type exempted by the UCTA 
C)  Paragon was concerned with a positive obligation under the contract, Zockoll and Mercury were not 
D)  Zockoll and Timeload were concerned with positive obligations under a contract, Paragon was not 
A)  The courts considered that the provision of a mortgage was grounds to distinguish the Paragon 
B)  Paragon was concerned with a financial service of the type exempted by the UCTA 
C)  Paragon was concerned with a positive obligation under the contract, Zockoll and Mercury were not 
D)  Zockoll and Timeload were concerned with positive obligations under a contract, Paragon was not

Question 3

The Unfair Terms in Consumer Contracts Regulations 1999 apply to what type of contract?

Accepted Answer

A)  Contracts relating to exclusion and limitation clauses only - consumers only 
B)  Standard form contracts, covering all unfair terms - consumers only 
C)  All contracts between business and consumer contracts - individually negotiated contracts only 
D)  Standard from contracts - business contracts only 
A)  Contracts relating to exclusion and limitation clauses only - consumers only 
B)  Standard form contracts, covering all unfair terms - consumers only 
C)  All contracts between business and consumer contracts - individually negotiated contracts only 
D)  Standard from contracts - business contracts only

Question 4

What test is employed to test contractual terms under the UTCCR 1999?

Accepted Answer

A)  Test of reasonableness 
B)  Test of acceptability 
C)  Test of unfairness 
D)  Test of unreasonableness 
A)  Test of reasonableness 
B)  Test of acceptability 
C)  Test of unfairness 
D)  Test of unreasonableness

Question 5

The Unfair Contract Terms Act 1977 prevents the exclusion of liability for which of the following under any circumstances?

Accepted Answer

A)  Liability for damage to reputation or standing 
B)  Liability for the loss or damage sustained by chattels 
C)  Liability for death or personal injury 
D)  Liability for the loss or damage sustained by real property 
A)  Liability for damage to reputation or standing 
B)  Liability for the loss or damage sustained by chattels 
C)  Liability for death or personal injury 
D)  Liability for the loss or damage sustained by real property

Question 6

The Unfair Contract Terms Act 1977 could be used to strike out an unfair term in a contract to transfer the copyright in a book to a publisher?

Accepted Answer

A) True 
 B)False

Question 7

Why might it might be desirable for the UCTA to be interpreted so as to give small businesses the protection afforded to consumers in relation to some contracts for the sale of goods?

Accepted Answer

The Unfair Contract Terms Act (UCTA) 197

Question 8

Schedule 2 of the UCTA sets out which of the following as relevant considerations when determining whether a contract term is or is not reasonable?

Accepted Answer

A)  The experience of the parties in their respective field 
B)  The relative strength of the parties' bargaining power 
C)  The speed with which the contract was made 
D)  Whether an inducement was received for accepting the particular terms 
A)  The experience of the parties in their respective field 
B)  The relative strength of the parties' bargaining power 
C)  The speed with which the contract was made 
D)  Whether an inducement was received for accepting the particular terms

Question 9

Which of the following are not relevant consideration when determining whether a contract term is or is not reasonable for the purposes of UCTA Schedule 2?

Accepted Answer

A)  Whether a party would or could reasonably have known about the exclusion clause 
B)  Whether, in a contract for the sale of goods, the goods were being manufactured to order 
C)  Whether a party is self-employed or has less then 5 years experience in a particular field 
D)  Whether or not the party uses similar or equivalent terms in their own contract 
A)  Whether a party would or could reasonably have known about the exclusion clause 
B)  Whether, in a contract for the sale of goods, the goods were being manufactured to order 
C)  Whether a party is self-employed or has less then 5 years experience in a particular field 
D)  Whether or not the party uses similar or equivalent terms in their own contract

Question 10

In which leading case did the House of Lords consider the test of "unfairness" contained in regulation 5(1) of UTCCR 1999?

Accepted Answer

A)  Watford Electronics Ltd v Sanderson CFL Ltd (2001) 
B)  Granville Oil and Chemicals Ltd v Davis Turner & Co Ltd (2003) 
C)  Regus (UK) Ltd v Epcot Solutions Ltd (2008) 
D)  Director General of Fair Trading v First National Bank plc. (2002) 
A)  Watford Electronics Ltd v Sanderson CFL Ltd (2001) 
B)  Granville Oil and Chemicals Ltd v Davis Turner & Co Ltd (2003) 
C)  Regus (UK) Ltd v Epcot Solutions Ltd (2008) 
D)  Director General of Fair Trading v First National Bank plc. (2002)

Question 11

When is someone considered a consumer under UCTA?

Accepted Answer

A)  When the transaction forms a regular part of their business 
B)  When the transaction does not form a regular part of their business 
C)  When a transaction is made between businesses 
D)  Every time someone buys something 
A)  When the transaction forms a regular part of their business 
B)  When the transaction does not form a regular part of their business 
C)  When a transaction is made between businesses 
D)  Every time someone buys something

Question 12

A court would consider that there was a 'course of dealing' between parties after two transactions between them in the same year?

Accepted Answer

A) True 
 B)False

Question 13

The Law Commission recommended the following reforms in the area of unfair terms:

Accepted Answer

A)  The replacement of UCTA by UTCCR 
B)  The replacement of UTCCR by UCTA 
C)  The replacement of both UCTA and UTCCR by a new statute 
D)  The continuation of the current system 
A)  The replacement of UCTA by UTCCR 
B)  The replacement of UTCCR by UCTA 
C)  The replacement of both UCTA and UTCCR by a new statute 
D)  The continuation of the current system

Question 14

A customer is defined as a 'natural person' in which piece of legislation?

Accepted Answer

A)  Unfair Contract Terms Act 
B)  Unfair Terms in Consumer Contracts Regulations 
C)  Sale of Goods Act 
D)  Consumer Protection Act 
A)  Unfair Contract Terms Act 
B)  Unfair Terms in Consumer Contracts Regulations 
C)  Sale of Goods Act 
D)  Consumer Protection Act

Question 15

The Unfair Contracts Terms Act 1977 could be used to strike out a term in a contract for the sale of a leasehold property?

Accepted Answer

A) True 
 B)False

Question 16

In Olley v Marlborough Court Hotel the court was asked to consider whether an exclusion clause displayed in a hotel room was incorporated into the contract signed by the hotel guest at the reception desk.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following contracts are specifically excluded from the ambit of the UCTA

Accepted Answer

A)  Contract for insurance 
B)  Contracts for the hire of goods 
C)  Charterparties for aircraft but not ships 
D)  Contracts for land 
A)  Contract for insurance 
B)  Contracts for the hire of goods 
C)  Charterparties for aircraft but not ships 
D)  Contracts for land

Question 18

In principle, at common law, a well worded exclusion clause could effectively exclude all possible types of liability?

Accepted Answer

A) True 
 B)False

Question 19

Does the control of exclusion clauses in any sense encroach on the parties freedom to contract on whatever basis they see fit?

Accepted Answer

The control of exclusion clauses does, t

Question 20

When dealing on written standard which of the following types of exclusion clause will be made subject to the test of reasonableness?

Accepted Answer

A)  A clause that attempt to render a contractual performance substantially different from that which was reasonably to be expected 
B)  A clause purporting to exclude liability for the death of employees in the performance of the contract 
C)  A clause which purports to allow the contracting party to render no perforamce at all 
D)  Any clause which establishes that set penalties must be paid if a particular breach of contract occurs 
A)  A clause that attempt to render a contractual performance substantially different from that which was reasonably to be expected 
B)  A clause purporting to exclude liability for the death of employees in the performance of the contract 
C)  A clause which purports to allow the contracting party to render no perforamce at all 
D)  Any clause which establishes that set penalties must be paid if a particular breach of contract occurs

What is meant by reasonableness in the Unfair Contract Terms Act?

On what basis can the decisions in Zockoll v Mercury and Timeload v BT be distinguished from the decision in Paragon Finance v Nash?

The Unfair Terms in Consumer Contracts Regulations 1999 apply to what type of contract?

What test is employed to test contractual terms under the UTCCR 1999?

The Unfair Contract Terms Act 1977 prevents the exclusion of liability for which of the following under any circumstances?

The Unfair Contract Terms Act 1977 could be used to strike out an unfair term in a contract to transfer the copyright in a book to a publisher?

Why might it might be desirable for the UCTA to be interpreted so as to give small businesses the protection afforded to consumers in relation to some contracts for the sale of goods?

Schedule 2 of the UCTA sets out which of the following as relevant considerations when determining whether a contract term is or is not reasonable?

Which of the following are not relevant consideration when determining whether a contract term is or is not reasonable for the purposes of UCTA Schedule 2?

In which leading case did the House of Lords consider the test of "unfairness" contained in regulation 5(1) of UTCCR 1999?

When is someone considered a consumer under UCTA?

A court would consider that there was a 'course of dealing' between parties after two transactions between them in the same year?

The Law Commission recommended the following reforms in the area of unfair terms:

A customer is defined as a 'natural person' in which piece of legislation?

The Unfair Contracts Terms Act 1977 could be used to strike out a term in a contract for the sale of a leasehold property?

In Olley v Marlborough Court Hotel the court was asked to consider whether an exclusion clause displayed in a hotel room was incorporated into the contract signed by the hotel guest at the reception desk.

Which of the following contracts are specifically excluded from the ambit of the UCTA

In principle, at common law, a well worded exclusion clause could effectively exclude all possible types of liability?

Does the control of exclusion clauses in any sense encroach on the parties freedom to contract on whatever basis they see fit?

When dealing on written standard which of the following types of exclusion clause will be made subject to the test of reasonableness?

Introduction

Forming the Agreement

Consideration and Other Tests of Enforceability

Intention to Create Legal Relations

Privity

The Contents of the Contract

Misrepresentation

Mistake

Duress

Undue Influence

Illegality and Public Policy

Frustration

Discharge by Performance or Breach

Remedies and Restitution

Filters

Exam 7: Clauses Excluding or Limiting Liability

What is meant by reasonableness in the Unfair Contract Terms Act?

On what basis can the decisions in Zockoll v Mercury and Timeload v BT be distinguished from the decision in Paragon Finance v Nash?

The Unfair Terms in Consumer Contracts Regulations 1999 apply to what type of contract?

What test is employed to test contractual terms under the UTCCR 1999?

The Unfair Contract Terms Act 1977 prevents the exclusion of liability for which of the following under any circumstances?

The Unfair Contract Terms Act 1977 could be used to strike out an unfair term in a contract to transfer the copyright in a book to a publisher?

Why might it might be desirable for the UCTA to be interpreted so as to give small businesses the protection afforded to consumers in relation to some contracts for the sale of goods?

Schedule 2 of the UCTA sets out which of the following as relevant considerations when determining whether a contract term is or is not reasonable?

Which of the following are not relevant consideration when determining whether a contract term is or is not reasonable for the purposes of UCTA Schedule 2?

In which leading case did the House of Lords consider the test of "unfairness" contained in regulation 5(1) of UTCCR 1999?

When is someone considered a consumer under UCTA?

A court would consider that there was a 'course of dealing' between parties after two transactions between them in the same year?

The Law Commission recommended the following reforms in the area of unfair terms:

A customer is defined as a 'natural person' in which piece of legislation?

The Unfair Contracts Terms Act 1977 could be used to strike out a term in a contract for the sale of a leasehold property?

In Olley v Marlborough Court Hotel the court was asked to consider whether an exclusion clause displayed in a hotel room was incorporated into the contract signed by the hotel guest at the reception desk.

Which of the following contracts are specifically excluded from the ambit of the UCTA

In principle, at common law, a well worded exclusion clause could effectively exclude all possible types of liability?

Does the control of exclusion clauses in any sense encroach on the parties freedom to contract on whatever basis they see fit?

When dealing on written standard which of the following types of exclusion clause will be made subject to the test of reasonableness?

Introduction

Forming the Agreement

Consideration and Other Tests of Enforceability

Intention to Create Legal Relations

Privity

The Contents of the Contract

Misrepresentation

Mistake

Duress

Undue Influence

Illegality and Public Policy

Frustration

Discharge by Performance or Breach

Remedies and Restitution

Filters