Where the Courts Have Been Faced with an Exemption Clause

question 48

Multiple Choice

Where the courts have been faced with an exemption clause that exempts a breach that is so serious that it defeats the whole purpose of the contract, the court, to prevent the party in breach from sheltering behind the exemption clause,

• A) interpreted the contract without the exemption clause.
• B) have required that the party in breach pay a fine.
• C) have awarded damages to the aggrieved party.
• D) have classified the breach as a fundamental breach
• E) have classified the breach as an anticipatory breach.

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Definitions:

Somatosensory Cortex

A region of the cerebral cortex that processes sensory information from the body, such as touch, temperature, and pain.

Lobes

Divisions of the brain defined by natural separation lines, each associated with different functions such as vision, hearing, and thought processing.

Academic Probation

A warning status given to students whose academic performance falls below an institution’s requirement for good standing.

Academic Fraternity

A student organization within higher education institutions, often focused on academic achievement and professional development, sometimes specific to particular fields of study.