Michael's Shop Has a Standard from Contract That Includes an Exemption

question 99

Multiple Choice

Michael's Shop has a standard from contract that includes an exemption clause.Michael enters into an agreement with Jill.Jill signs the agreement without reading it because she says she trusts Michael.When Michael fails to perform his part of the agreement,Jill tries to sue.The court,in considering the effect of the exemption clause,will most likely

• A)seek the opinion of Jill on how the clause will affect her.
• B)strictly construe the clause against Michael.
• C)require that experts provide it with a report on the effect of the clause.
• D)refuse to apply the court.
• E)apply the clause.

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Definitions:

Stage-rigging System

Equipment and processes used in theaters and entertainment venues to mechanically lift and manipulate stage scenery, lights, and effects.

Continuous-yes Close

A sales technique in which the salesperson leads the customer through a series of questions designed to elicit affirmative answers, culminating in agreement to the sale.

Assumptive Close

A closing technique where the salesperson assumes that the customer has already decided to purchase, and moves forward with steps toward finalizing the sale.