PrepTest 139, Section 2, Question 21

Difficulty5 of 5
Passage 4Restrictions on contingency-fee agreements
The questionFull text in your LawHub copy of PrepTest 139

In October 1999, the Law Reform Commission of(451 more words not shown)

As described in the passage,(20 more words not shown)

Reading the passage

An uplift fee has two features we need to keep together. Payment depends on a successful outcome, and success earns the service provider the normal fee plus an extra percentage of that fee. The extra amount is not simply a share of whatever profit the whole venture produces.

What we’re looking for

For example, doubling the usual fee would be a 100 percent uplift. Look for that kind of bonus attached to successful performance.

Working the answers

  • A

    These people pool their money to buy lottery tickets and divide any winnings. No one provides a service for a normal fee plus an additional fee contingent on success.

  • B
    Correct

    The consultants are paid only if they achieve the specified result: substantially reducing expenses. Success earns them double their usual fee, which is the normal fee plus a 100 percent uplift. Both parts of the arrangement match.

  • C

    Sharing a risky venture's returns in proportion to the risk each partner took is not the same as paying a service provider an increased normal fee. Risk is present, but the payment structure is different.

  • D

    This describes how an insurance premium is calculated. It contains no service provider who earns a higher-than-normal fee only after achieving a successful result.

  • E

    The insurance protects a property seller against the buyer's failure to repay a loan. It does not make the seller's payment a normal service fee plus a success-dependent bonus.

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