... rights they confer and the obligations they impose." 5 However, "good faith" may have wider implications, particularly in its interrelationship with the "significant imbalance" criteria. Based on the UK experience, "contrary to the requirements of good faith" and "significant imbalance" are two separate but equal requirements, the first addressing issues of procedural fairness and the second, substantive fairness. The problem, thus, is that both elements must be established before a term can be regarded as "unfair"6. Prior to Part 2B these laws were mostly covered by the doctrine of unconscionability whose positions in this regard is that "there must be some circumstances [other than the mere terms of the contract] that would render reliance on the terms of the contract 'unfair'"7 Thus, unconscionability does not assist consumers if vitiating factors in the pre-contractual dealings are missing, even if the actual terms of the contract are unfair. Procedural fairness, and the "contrary ...

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