Monroe Sold Computers

question 70

Multiple Choice

Monroe sold computers. On the purchase of a new StarSystem computer the buyer signed the written contract that contained the following clause: "The seller is not liable for any breach of condition or warranty express or implied in this contract." The buyer was a businessman who intended to use the machine in his business for a while and then resell it. The machine was used properly but didn't operate well, and within one week it would not work at all. Monroe refused to take back the machine or to refund any money by relying on the exemption clause. Which of the following would be the buyer's best argument for avoiding the effect of the exemption clause in this case?

• A) Such clauses are prohibited under contract law and are therefore void.
• B) The buyer had no notice of the clause; therefore, it is not a term of the contract.
• C) On a narrow interpretation of the words used in the exemption clause, they do not cover his complaint.
• D) There is a fundamental breach of contract.
• E) There is a breach of a non-essential term of the contract.

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Definitions:

Beating Flagella

Flagella that exhibit a whip-like motion to propel cells through liquid environments, common in many single-celled organisms and the sperm of many multicellular organisms.

Motile Larvae

Larval forms of certain animals capable of movement, often playing a crucial role in dispersal and the life cycle.

Adaptation

The process by which organisms adjust to changes in their environment through genetic change or behavior to enhance survival and reproduction.

Living on Land

The adaptation of life forms to survive and thrive in terrestrial environments, as opposed to aquatic or marine habitats.