Deck 18: Unconscionable Bargains and Inequality of Bargaining Power

Question 1

The doctrine against unconscionable bargains is triggered simply where the terms of a contract are outrageously unfair.

Answer 1

False

Question 2

Unconscionable bargains have the following elements: - Please select all that apply.

A) Reprehensible conduct by one party.
B) A party who is a member of the lower income group or is less highly educated.
C) Awareness by one party of the other's vulnerability.
D) Wrongful exploitation of the weaker party by the stronger party.

Answer 2

A,B,C,D

Question 3

English law does not recognise a general principle of inequality of bargaining power.

Answer 3

True

Question 4

English statute law does not protect against inequality of bargaining power.