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

Question

Quizplus · Accepted Answer

Zockoll and Timeload involved positive obligations under a contract, whereas Paragon did not, which is why the decisions can be distinguished.

On What Basis Can the Decisions in Zockoll V