Question: 1. An Exculpatory Clause most likely is enforcement when: A. When it attempts to exclude and intentionally tort or agree negligence b. When the affected
1. An Exculpatory Clause most likely is enforcement when:
A. When it attempts to exclude and intentionally tort or agree negligence
b. When the affected activity is in the public interest such as medical, transport, or essential service
c. when it attempts to exclude ordinary negligence there is no obligation to perform activity and there is no strong interest to access activity
d. When parties have greatly unequal bargaining power
2. Noncompete agreements are enforceable except when:
| A. | Its within a reasonable time | |
| B. | Its a reasonable activity | |
| C. | Its within a reasonable territory | |
| D. | It prohibits you from doing any job. |
3.
Fill in the Blank :To rescind for unilateral mistake, and party must demonstrate that she interred the contract because of a basic factual error and that either (1) enforcing the contract would be ___________ or (2) the nonmistaken party _________ the error.
| A. | Undeniable ; confused | |
| B. | Unreasonable ; misinterpreted | |
| C. | Unknown ; overlooked | |
| D. | Unconscionable ; knew of |
According to your text, which of the following is not a factor that courts look at that lead to a claim of economic duress:
| A. | Fair plain between the parties | |
| B. | Acts that have no legitimate business purpose | |
| C. | An unnaturally large gain for one party | |
| D. | Financial distress to one party |
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