A Seller May Include in a Standard Form Contract of Sale

question 26

Multiple Choice

A seller may include in a standard form contract of sale of goods an express term exempting it from the liability normally imposed by the implied terms.Which of the following statements is correct?

• A)The courts interpret such terms broadly.
• B)Clear and direct language need not be used.
• C)Even if the words used in the clause do not precisely describe the type of liability disclaimed,the courts will usually imply a term so as to protect the seller.
• D)If the purchaser is a consumer as defined by consumer protection legislation,the seller cannot "contract out" of the implied terms.
• E)Any agreement exempting the seller needs to be in writing or it will not be enforced.