An Exculpatory Clause Most Likely Would Be Held to Limit

question 47

Multiple Choice

An exculpatory clause most likely would be held to limit or disclaim liability for malpractice: ______.

• A) in an action based on fraud.
• B) in a suit brought by a third person.
• C) when the accountant can reasonably be expected to stand behind the information in question.
• D) when the clause is conspicuous, unambiguous, and clear.

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Definitions:

Gratification

Satisfaction or pleasure felt upon meeting a desire or need.

Fixation

In psychology, an obsessive focus or attachment to someone or something, potentially leading to maladaptive patterns of behavior.

Oral Stage

The first stage in Freud's theory of psychosexual development, occurring from birth to about 18 months, where the infant's pleasure centers are the mouth.

Overeating

The consumption of an excess amount of food beyond what is necessary for energy and nutrition.