When faced with a seller's onerous exemption clause, it would be time well spent for an aggrieved purchaser to consider the effect of the law as it relates to fundamental breach.

Question

Quizplus · Accepted Answer

The concept of fundamental breach can potentially render an onerous exemption clause unenforceable, meaning that despite the clause, the seller might still be liable. This is because the law, in many jurisdictions, does not allow a party to exempt itself from liability for breaches that go to the very root of the contract.

When Faced with a Seller's Onerous Exemption Clause, It Would