Under Common Law,the Courts Have Been Willing to Recognise the Validity

question 23

Multiple Choice

Under common law,the courts have been willing to recognise the validity of an exclusion clause in a contract if:

• A)the weaker party agreed to the clause because they were in an unfair bargaining position.
• B)the weaker party had previously entered into similar agreements with similar exclusion clauses.
• C)the dominant party is able to avoid paying damages because of the clause.
• D)all of the above situations exist.