There Are Three Circumstances When a Court Will Refuse to Apply

question 56

Multiple Choice

There are three circumstances when a court will refuse to apply an exemption clause to protect the breaching party from liability.Which of the following is NOT one of these circumstances?

• A)when the clause does not apply to the circumstances
• B)when there is a strong public policy reason against enforcement
• C)when the clause was unconscionable at the time of contracting
• D)when the parties were of equal bargaining power at the time of contracting

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