Question: Barry is drafting a contract to use when he provides website design services to his clients. He wants to ensure the fine print is written
Barry is drafting a contract to use when he provides website design services to his clients. He wants to ensure the "fine print" is written in his favor, so he wants to add the following clauses: 1. A forum selection clause 2. A choice of law provision 3. A consent to jurisdiction clause 4. A disclaimer of express warranties 5. An indemnification clause 6. An insurance provision 7. A blue lining clause Based upon what you learned in this Unit, give Barry some advice:
1. If Barry lives in Colorado, which of the following clauses would best be used to ensure any litigation involving the contract is litigated in court in Colorado where Barry lives?
a. A forum selection clause
b. A consent to jurisdiction clause
c. A choice of law provision
d. A blue lining clause
2. Barry is worried that if someone were to sue his client based upon the website design he creates, he does not want to be responsible to pay for the lawsuit. Which clause would be most effective in protecting Barry?
a. A disclaimer of express warranties
b. A blue lining clause
c. A consent to jurisdiction clause
d. An indemnification provision
3. Barry is worried that if a court were to find a portion of his contract unreasonable, the court might toss the whole things and refuse to enforce any portion of it. To protect against this, which of the following clauses might Barry include in his contract?
a. An indemnification provision
b. A blue lining clause
c. A consent to jurisdiction clause
d. A choice of law provision
4. Barry is concerned that there may be implied warranties he does not want to provide with his web design services. Barry should:
a. Stop worrying since the UCC does not apply to service contracts.
b. Be very concerned and disclaim both express and implied warranties.
c. Include an indemnification clause so his clients cannot sue him.
d. Use a choice of law provision to choose not to apply the UCC to the contract.
5. Which of the following warranties would automatically be created when Barry provides web design services?
a. The implied warranty of fitness for particular purpose
b. An express warranty
c. An implied warranty of merchantability buy only if Barry is a merchant
d. None of the above
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