Question: 1. Which is most accurate regarding exemption clauses? a. The courts will enforce an exemption clause where it is unconscionable as long as the parties
1. Which is most accurate regarding exemption clauses?
a. The courts will enforce an exemption clause where it is unconscionable as long as the parties have signed the contract
b. An exemption clause is not enforceable if it does not accurately cover the matter exempted
c. An exemption clause can exempt the terms of the SGA
d. An exemption clause is valid even if one of the parties is at a disadvantage
2. The 3 step process regarding exemption clauses as set out in the Maloney case
a. Concludes that you are bound by what you sign
b. Only applies to written contracts
c. Used unconscionability as a means to set aside the exemption clause
d. Looks at whether the plaintiff understood the terms and agreed to them
3. What is the privity of contract rule?
a. It is a rule that prevents the replacement of one party to a contract with another
b. It is a rule that prevents third parties from suing on a contract.
c. It is a rule that prevents third parties from carrying out obligations under a contract.
d. It is a rule that prevents third parties from obtaining a benefit from a contract.
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