Which one of the following is false with regard to exemption (exclusion) clauses?
A) Such clauses are prohibited in any sale of goods contract.
B) To be part of the contract, such clauses must be brought to the attention of the parties before or at the time of contract.
C) Even if there is an exemption clause in the contract, the court can hold that the exemption clause is of no effect if the breach is a fundamental breach.
D) Where there is an exemption clause in a contract, the court will strictly construe that clause; i.e., the wording of the clause must cover the situation that occurred.
E) An effective exemption clause is a barrier blocking the party wronged from his or her remedy, e.g., from damages.
Correct Answer:
Verified
Q11: In Blundon v. Ashton Pools, the plaintiff
Q12: Suppliers of goods and services try to
Q13: The case of Sail Labrador Ltd. v.
Q14: Which one of the following is true
Q15: Which of the following is true with
Q17: In which one of the following instances
Q18: When an anticipatory breach has taken place
Q19: The principle of substantial performance can best
Q20: Cleo entered into a contract with Harvey
Q21: Which of the following is false with
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents