There are three circumstances when a court will refuse to apply an exemption clause to protect the breaching party from liability.Which of the following is NOT one of these circumstances?
A)when the clause does not apply to the circumstances
B)when there is a strong public policy reason against enforcement
C)when the clause was unconscionable at the time of contracting
D)when the parties were of equal bargaining power at the time of contracting

Question

Quizplus · Accepted Answer

The three circumstances when a court will refuse to apply an exemption clause are when the clause does not apply to the circumstances, when there is a strong public policy reason against enforcement, and when the clause was unconscionable at the time of contracting. The parties being of equal bargaining power does not affect the application of an exemption clause.

There Are Three Circumstances When a Court Will Refuse to Apply