Chapter 20 Self-test questions

Unconscionability and inequality of bargaining power

Quiz Content

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. One of the fundamental tenets of English contract law is the principle of freedom of contract. It is said that this leads to the natural conclusion that the fairness of the terms of a contract is a matter for the parties to decide, and not the courts. How willing are the courts to set aside a contract on the ground that its terms are substantively unfair?

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. Which of the following statutes play a role in regulating unfair terms in contracts? Select all that apply.

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. In the search for a general principle to unite the various cases that reflect a concern for the fairness of the bargain, Lord Denning in Lloyds Bank Ltd v. Bundy [1975] QB 326 suggested there was a "single thread" running through the case law. What was this thread?

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