Which of the Following Is NOT a Consideration When Deciding

question 10

Multiple Choice

Which of the following is NOT a consideration when deciding whether a disclaimer clause should be effective since the Tercon Contractors decision?

• A)did the disclaimer clause apply to the specific facts of the case
• B)was the clause unconscionable at the time the contract was formed
• C)was their unequal bargaining power when the contract was formed
• D)are there public policy reasons why the disclaimer should not be enforced
• E)all of these factors are considerations

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Definitions:

Nekton

Aquatic animals that can swim and move independently of water currents, including fish, whales, and squids.

Limnetic Zone

The open water area of a freshwater basin (like a lake) where sufficient light penetrates to support photosynthesis, excluding the near shore areas.

Benthic Zone

The environmental zone located at the deepest part of a water body like an ocean or lake, encompassing both the surface of the sediment and several layers beneath it.

Coastal Zone

Areas where the land meets the sea, characterized by distinct biological, physical, and social attributes.