2020年ACCAF4考试选择题：有关不公平合同条款的相关考题2
来源：长理培训发布时间：2020-03-11 21:06:28
【Answers】
30 In a non-consumer contract, any clause excluding liability for breach relating to the quality of the goods is subject to the
reasonableness test The reasonableness test takes into consideration the relative bargaining strength of the parties to the
contract Under the Unfair Contract Terms Act 1977, the reasonableness test applies to a non-consumer contract whereas
in a consumer contract such a clause would be void. The relative bargaining strength of the parties is one of the
considerations in determining reasonableness.
31 The date on which the partners agree to go into business together A partnership begins on the date the partners agree to
go into business together, even if this is before the partnership actually starts to trade. From the point of agreement
onwards, the partnership and the partners become jointly and severally liable for partnership debts.
32 Sue can accept this as a breach of contract and sue for damages now This is a question of anticipatory breach of
contract. Sue has the right to treat the contract as discharged here because Tim has repudiated it before he has completed
performance of his obligations. She can Sue can wait a further four weeks and then sue for damages therefore sue for
damages now, or wait a further four weeks and then sue for damages.
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