$15$

Exemption clauses are often used when there is unequal bargaining power between buyer and seller in the marketplace, with the following results, except

$00$:$11$:$11$

Multiple Choice

Sellers inserted the clauses in standard form contracts to protect themselves from liability for defects

The buyers, according to the terms of the clauses, were often required to perform despite a defect, price change, or the seller's failure to comply with an implied warranty

Courts will construe the terms of an exemption clause strictly against the party who drafted it

If the breach is serious enough to constitute nonperformance of a fundamental term, the courts will not permit the drafter to hide behind it

Where the seller's performance is different from what the buyer contemplated allowing the buyer to ignore disclaimer clauses