Even If the Wording of an Exemption Clause Applies to a Situation

question 96

Multiple Choice

Even if the wording of an exemption clause applies to a situation that has occurred and the clause is not determined to be unconscionable at the time the contract was formed,a court may still refuse to enforce it if the injured party can

• A)point to some paramount consideration of public policy sufficient to override the public interest and freedom of contract.
• B)prove it is an unreasonable term.
• C)prove a significant loss.
• D)claim an unjust enrichment.
• E)argue the clause is restitutionary in nature.

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Definitions:

Maintenance Stage

A phase in the behavior change process where individuals work to sustain their newly adopted healthy behaviors over the long term.

Transtheoretical Model

A theory of behavioral change that outlines six stages individuals go through when changing a habit or behavior.

Relapse

A return to a previous state of disease or negative behavior after a period of improvement or recovery.

SMART Principle

A framework for setting goals that are Specific, Measurable, Achievable, Relevant, and Time-bound, often used in project management and personal development.