Unfair Contract Terms Explained

Why are standard terms potentially unfair? Question 1Select one: A. Standard terms come about as a result of un****e influence. B. There is no consideration for standard terms. C. Standard terms do not involve an offer or acceptance. D. Standard terms may unfairly balance the rights and ****ties in favour of the party who drafted the standard terms.

What terms are wholly ineffective under the Unfair Contract Terms Act *? Question 2Select one: A. Terms excluding or limiting liability for selling defective goods. B. Terms excluding or limiting liability for negligently caused death or personal injury. C. Terms excluding or limiting liability for negligence causing economic losses or damage to property. D. Terms excluding or limiting liability for misrepresentation and express terms.

In what way is the parties’ bargaining power relevant in interpreting the ‘test of reasonableness’ in Section *(*) of the Unfair Contract Terms Act *? Question 3Select one: A. The term is less likely to be reasonable if the party using it and the party affected by it have roughly equal bargaining power, and it is more likely to be reasonable if the party using it has significantly greater bargaining power than the party affected by it. B. The term excluding or limiting liability is more likely to be reasonable if the party using it and the party affected by it have roughly equal bargaining power; the term is less likely to be reasonable if the party using it has significantly greater bargaining power than the party affected by it. C. Whether bargaining power is relevant depends on trade custom. D. Bargaining power is never relevant as English contract law is based on freedom of contract.

What terms are NOT covered by the Unfair Contract Terms Act *? Question 4Select one: A. Terms excluding business liabilities for breach of contract. B. Terms imposing unfair obligations or liabilities on businesses. C. Terms that exclude business liability for damage to property. D. Terms excluding business liabilities for personal injury.

Which of the below is NOT an exclusion clause? Question 5Select one: A. ‘X will not be liable to the other Party in connection with any breach of this Agreement for any indirect, incidental or consequential damages, including loss of profits. B. ‘X will not accept any responsibility for any type of damage or loss’. C. ‘As soon as goods/services have been delivered, X should notify the supplier about any problems without delay.’ D. ‘X will not be liable for loss or damage to the property of the other Party or his representatives or employees from theft, fire, accident or any other cause beyond its control.’

What is NOT a characteristic of substantive fairness? Question 6Select one: A. Substantive fairness is fairness in the substance of the contract. B. Substantive fairness is limiting a stronger contracting party to one-sidedly amend the contract, or to impose disproportionately high charges on the other party. C. Substantive fairness is fairness in the process of contract conclusion. D. Substantive fairness is fairness in the distribution of contractual rights and obligations between the parties.

What is NOT a characteristic of substantive fairness? Question 6Select one: A. Substantive fairness is fairness in the substance of the contract. B. Substantive fairness is limiting a stronger contracting party to one-sidedly amend the contract, or to impose disproportionately high charges on the other party. C. Substantive fairness is fairness in the process of contract conclusion. D. Substantive fairness is fairness in the distribution of contractual rights and obligations between the parties.

What is the effect of an unfair term in litigation between a business and a consumer? Question 1Select one: A. It depends on what is provided for in the standard terms of the contract. B. It depends on what the parties agreed. C. The term is not binding on the consumer. D. It means the business is guilty of a criminal offence and can be fined.

Comparing the Unfair Contract Terms Act * and the Consumer Rights Act *, which one of the below statements is FALSE? Question 2Select one: A. Both statutes aim to safeguard contractual fairness. B. Both statutes regulate standard terms. C. Both statutes regulate consumer transactions. D. Both statutes blacklist clauses that aim to exclude liability for death or personal injury.

What is the list referred to in Section *(*) and contained in Sche****le * of the Consumer Rights Act *? Question 3Select one: A. It is an indicative and non-exhaustive list of terms that are never unfair. B. It is an indicative and non-exhaustive list of terms that are unfair if the parties agree that they are unfair. C. It is an indicative and non-exhaustive list of terms that may be regarded as unfair. D. It is an indicative and non-exhaustive list of terms that are always unfair.

Which of the below is NOT a power of a regulatory body such as the Competition and Markets Authority that can use to control unfair terms? Question 4Select one: A. To apply for court injunctions against the use of unfair terms. B. To publish information and advice about unfair terms. C. To accept undertakings from businesses in relation to deleting or amending unfair terms. D. To approve standard terms before businesses are permitted to use them. E. To consider complaints about unfair terms.

Which of the below terms is NOT excluded from the test of fairness under the Consumer Rights Act *? Question 5Select one: A. A transparent and prominent term reflecting the adequacy of the price. B. A transparent term imposing an unfair obligation on the consumer. C. A transparent and prominent term reflecting the main subject matter of the contract.

Which of the below is a FALSE statement about the principle of ‘good faith’ in the Consumer Rights Act *? Question 6Select one: A. Good faith means fair and open dealing. B. Good faith means the business should not take advantage of the consumer’s lack of experience. C. Good faith is a general principle of English contract law. D. Good faith can concern both substantive and proce****ral (un)fairness.

According to the Court of Appeal decision in Clinton [*] EWCA Crim *, s55(*)(c) of the Coroners and Justice Act * should be interpreted as follows: Question 1Select one: a. It means that sexual infidelity can never be considered when assessing the issue of whether there was a qualifying trigger for the purposes of the defence of loss of control. b. Providing the jury conclude it is of an extremely grave character, sexual infidelity can, on its own, constitute a qualifying trigger. c. It means that sexual infidelity cannot on its own constitute a qualifying trigger but it can be taken into consideration as background context when assessing whether the other circumstances involved meet the requirements for a qualifying trigger.

Which best describes the qualifying trigger based on anger? Question 2Answer a. Where D's loss of self-control was attributable to: things said which: constituted circumstances that were very serious, and caused D to have a justifiable sense of being seriously wronged. b. Where D's loss of self-control was attributable to: things said or done (or both), which: constituted circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged. c. Where D's loss of self-control was attributable to: things said or done (or both): constituted circumstances of an extremely grave character, and caused D to have a sense of being seriously wronged.

Which best describes the qualifying trigger based on anger? Question 2Answer a. Where D's loss of self-control was attributable to: things said which: constituted circumstances that were very serious, and caused D to have a justifiable sense of being seriously wronged. b. Where D's loss of self-control was attributable to: things said or done (or both), which: constituted circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged. c. Where D's loss of self-control was attributable to: things said or done (or both): constituted circumstances of an extremely grave character, and caused D to have a sense of being seriously wronged.

Which of the following is FALSE? Question 3Select one: A. D cannot rely on loss of self-control if it is not sudden. B. D cannot rely on loss of self-control if it is self-in****ced. C. D cannot rely on loss of self-control if acting out of considered revenge.

How is ‘loss of control’ defined for the purposes of the partial defence of Loss of Control found in the Coroners and Justice Act *? Question 4Select one: a. Loss of control means extreme anger. b. Loss of control means that D lost the ability to act in accordance with considered judgment or had lost their normal powers of reasoning. c. Loss of control means that D experienced a ‘sudden and temporary’ loss of self-control.

Which best describes voluntary manslaughter? Question 5Answer a. Where D kills the victim but doesn’t desire the victim to die. b. Where D kills the victim with intention to kill or cause GBH but a partial defence applies. c. Where D kills the victim but didn’t intend to cause death or grievous bodily harm.

Where D relies on the defence of loss of control, evidence that D has a mental disorder: Question 6Select one: a. Cannot be taken into account when assessing the third element of the test for loss of control (i.e. whether a person of ordinary tolerance and self-restraint might have reacted in the same/similar way), but if it is relevant it can be considered on other aspects of the defence, such as when assessing whether there is a qualifying trigger. b. Can be taken into account if the mental disorder affected D’s capacity for tolerance and self-restraint. c. Is never relevant evidence to consider on this defence, and so cannot be taken into consideration.

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Which of the following statements most accurately describes the factual issues which arose in Church (*)? Question 1Select one: a. A man beat a woman unconscious and, in a panic and thinking she was dead, threw her into a river. At the time she was alive but then died from drowning. b. A man hit his wife on the chin, intending serious harm and knocking her unconscious. While he was trying to drag her body along the street to avoid detection, he accidentally lost his grip. Her head hit the pavement, fracturing her skull and causing her death. c. Two men hit a third over the head, intending to kill him, but only knocked him unconscious. Believing he was dead and, in an effort to fake an accident, they rolled him off a cliff. The man later died of exposure at the bottom of the cliff.

Which of the following statements most accurately describes the factual issues which arose in Church (*)? Question 1Select one: a. A man beat a woman unconscious and, in a panic and thinking she was dead, threw her into a river. At the time she was alive but then died from drowning. b. A man hit his wife on the chin, intending serious harm and knocking her unconscious. While he was trying to drag her body along the street to avoid detection, he accidentally lost his grip. Her head hit the pavement, fracturing her skull and causing her death. c. Two men hit a third over the head, intending to kill him, but only knocked him unconscious. Believing he was dead and, in an effort to fake an accident, they rolled him off a cliff. The man later died of exposure at the bottom of the cliff.

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Which of the following statements most accurately describes the factual issues which arose in Church (*)? Question 1Select one: a. A man beat a woman unconscious and, in a panic and thinking she was dead, threw her into a river. At the time she was alive but then died from drowning. b. A man hit his wife on the chin, intending serious harm and knocking her unconscious. While he was trying to drag her body along the street to avoid detection, he accidentally lost his grip. Her head hit the pavement, fracturing her skull and causing her death. c. Two men hit a third over the head, intending to kill him, but only knocked him unconscious. Believing he was dead and, in an effort to fake an accident, they rolled him off a cliff. The man later died of exposure at the bottom of the cliff.

what are the factual issues of Church (*)

According to the Court of Appeal in R v Brennan [*] EWCA Crim *, if medical experts all agree that D had a recognised medical condition which substantially impaired a relevant ability then, Question 2Select one: a. The jury must always accept that evidence. b. The jury are free to not follow the expert evidence and reach their own conclusion on the matter. c. The jury should accept that evidence unless they have a good reason not to.

The fourth element of diminished responsibility requires that D’s abnormality of mental functioning cause or be a significant contributory factor in causing D to kill – this means that… Question 3Select one: A. D’s abnormality doesn’t have to be the only cause, but it must be a substantial cause. B. D’s abnormality doesn’t have to be the only cause and it’s enough it is incidental. C. D’s abnormality can be incidental as long as it’s one of the causes.

According to the Supreme Court decision in Golds [*] UKSC *, what does ‘substantial’, for the purposes of the ‘substantially impaired ability’ requirement for diminished responsibility, mean? Question 4Select one: a. It requires that the impairment was significant, which means it was more than slight or negligible. b. Less than total but more than trivial. c. It is to be understood in its ordinary dictionary meaning (for example ‘weighty’) and it is a question of degree.

According to the Supreme Court decision in Golds [*] UKSC *, what does ‘substantial’, for the purposes of the ‘substantially impaired ability’ requirement for diminished responsibility, mean? Question 4Select one: a. It requires that the impairment was significant, which means it was more than slight or negligible. b. Less than total but more than trivial. c. It is to be understood in its ordinary dictionary meaning (for example ‘weighty’) and it is a question of degree.

Which statement most accurately describes what D is arguing when trying to rely on the defence of diminished responsibility? Question 5Select one: A. D is claiming that they should not be liable for an offence on the basis that they should not be held to the same standard as a “normal” person because of their medical condition. B. D is claiming a partial excuse on the grounds that they should not be held to the same standard as a “normal” person ****e to their medical condition. C. D is claiming a that because of a recognised medical condition they are not liable for an offence.

Which of the following is a Recognised Medical Condition for the purposes of diminished responsibility? Question 6Select one: A. Paranoid personality disorder B. Extreme anger. C. Acute temporary intoxication.

In the expression ‘involuntary manslaughter’ what does the term ‘involuntary’ refer to? Choose the best answer Question 1Select one: A. Involuntary manslaughter concerns a homicide where the mens rea is foresight of a virtual certainty. B. Involuntary manslaughter refers to a homicide where a partial defence applies. C. Involuntary manslaughter refers to a homicide where the defendant has no intention to kill or commit grievous bodily harm. D. Involuntary manslaughter refers to a homicide where the con****ct is involuntary.

Among the three main involuntary manslaughter offences, which do follow the theoretical structure of offences? Choose the best answer Question 2Answer a. Gross negligence manslaughter and reckless manslaughter b. Reckless manslaughter c. Unlawful Act Manslaughter and gross negligence manslaughter d. Reckless manslaughter and Unlawful Act Manslaughter

Among the three main involuntary manslaughter offences, which do follow the theoretical structure of offences? Choose the best answer Question 2Answer a. Gross negligence manslaughter and reckless manslaughter b. Reckless manslaughter c. Unlawful Act Manslaughter and gross negligence manslaughter d. Reckless manslaughter and Unlawful Act Manslaughter