A party who signs a contract will not be bound by an exemption clause:
A) that is not drawn to the party's attention
B) that is not under seal
C) that the party did not notice
D) that is surprising and onerous
E) when A and D apply

Question

Quizplus · Accepted Answer

Both choice A and D must apply for a party to not be bound by an exemption clause. If the clause is not brought to the party's attention and is also surprising and onerous, then the party cannot be bound by it.

A Party Who Signs a Contract Will Not Be Bound