Which One of the Following Is False with Regard to Exemption

question 40

Multiple Choice

Which one of the following is false with regard to exemption (exclusion) clauses?

• A) Such clauses are prohibited in any sale of goods contract.
• B) To be part of the contract, such clauses must be brought to the attention of the parties before or at the time of contract.
• C) Even if there is an exemption clause in the contract, the court can hold that the exemption clause is of no effect if the breach is a fundamental breach.
• D) Where there is an exemption clause in a contract, the court will strictly construe that clause; i.e., the wording of the clause must cover the situation that occurred.
• E) An effective exemption clause is a barrier blocking the party wronged from his or her remedy, e.g., from damages.

Describe the appellate process and the concept of a trial de novo.

Explain the structure and purpose of the federal judicial districts.

Understand the criteria and purpose of summary judgment in the legal process.

Explain the role and effect of appellate courts in reviewing trial court decisions.

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Definitions:

Experimenter

An individual who conducts research or experiments, typically in a scientific context, to test hypotheses and draw conclusions.

Manipulated

In experimental research, refers to the intentional changing or altering of the independent variable to observe its effect on the dependent variable.

Control Group

In experimental research, a group of subjects that does not receive the treatment or experimental condition and is used as a benchmark to measure how the other tested subjects do.

Aggressively

Behavior characterized by assertiveness, boldness, or combativeness, often with the intent to dominate or control.