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:

Organizational Effectiveness

The degree to which an organization is successful in achieving its goals and objectives through efficient use of resources, adaptability, and fulfilling stakeholder needs.

Effective

Having the desired result or outcome; achieving the intended goal efficiently and successfully.

Surviving

The act of continuing to live or exist, especially in spite of challenging conditions or circumstances.

Tom Burns

A sociologist known for his work in organizational theory, particularly regarding the dynamics of industrial society.