Which of the Following Is True with Regard to an Exculpatory

question 40

Multiple Choice

Which of the following is true with regard to an exculpatory clause?

• A) An exculpatory clause excuses one party from liability for her own tortious conduct.
• B) Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other,the courts are inclined to nullify the provision.
• C) An exculpatory clause may be unenforceable for unconscionability.
• D) All of these are true.

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Definitions:

Sympathetic

Part of the autonomic nervous system responsible for the body's fight-or-flight response, regulating heart rate, blood pressure, and other involuntary body functions.

Parasympathetic

Refers to the part of the autonomic nervous system that conserves energy as it slows the heart rate, increases intestinal and gland activity, and relaxes sphincter muscles in the gastrointestinal tract.

Autonomic

Pertaining to the autonomic nervous system, which controls involuntary body functions such as heart rate, digestion, and respiratory rate.

Somatic

Relating to or affecting the body, distinct from the mind or emotions.