106 Chapter 3The terms of the contract
deciding whether or not the requirement of good faith has been breached, the court will
consider all relevant circumstances. In Director General of Fair Trading vFirst National
Bank (2001)Lord Bingham said that ‘the requirement of significant imbalance is met if a
term is so weighted in favour of the supplier as to tilt the parties’ rights and obligations
under the contract significantly in his favour’. Lord Bingham also said that good faith
required fair and open dealing, so that there were no hidden traps for the consumer. If
terms were disadvantageous to the consumer they should be given prominence, and if the
consumer was in a disadvantageous position the supplier should not take advantage of this.Figure 3.12Will the UTCC Regulations 1999 invalidate a term?