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:

Mediation Privilege

A legal principle that communications made during mediation cannot be disclosed or used in court, to encourage open dialogue and settlement.

Conflicts of Interest

Situations where personal interests might interfere with the duties one has to make impartial and objective decisions.

Arbitration Clause

A provision within a contract that requires parties to resolve disputes through arbitration rather than litigation, allowing for potentially quicker and less formal legal proceedings.

Independent Contracting

A working relationship where an individual provides services to a business under terms specified in a contract, without being an employee of the business.