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:

Myopia

A vision condition where close objects are seen clearly, but distant objects appear blurred, also known as nearsightedness.

Cataracts

A medical condition in which the lens of the eye becomes progressively opaque, leading to blurred vision and, if untreated, blindness.

Blind Spot

The area in the visual field that lacks detection of light because no photoreceptor cells are located there, specifically where the optic nerve exits the eye.

Photoreceptors

Specialized cells in the retina of the eye that convert light into neural signals the brain can understand, critical for vision.