In Situations Where an Exemption Clause Appears Too Be So

question 22

Multiple Choice

In situations where an exemption clause appears too be so broad as to shield the wrongdoer from liability,

• A) the courts have determined that the clause is effective to protect the wrongdoer.
• B) the courts have declared that the exemption clause amounts to an anticipatory breach of the contract.
• C) the courts have declared the exemption clause to be void.
• D) the courts have characterized the breach as a fundamental breach and have argued that the exemption clause does not cover a fundamental breach.
• E) the courts have declared that the exemption clause is too broad and thus not part of the contract.

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