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On What Basis Can the Decisions in Zockoll V

Question 22

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


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

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