Which of the Following Is NOT True with Regard to an Exculpatory

question 8

Multiple Choice

Which of the following is NOT true with regard to an exculpatory clause?

• A) An exculpatory clause excuses one party from liability for her own tortious conduct.
• B) Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other, the courts are inclined to nullify the provision.
• C) An exculpatory clause may be unenforceable for unconscionability.
• D) Exculpatory clauses are almost always against public policy.

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Definitions:

Utilities

Essential services provided to the public, including electricity, gas, water, and sewage services, often regulated due to their importance and natural monopoly characteristics.

Agriculture

The practice of cultivating the land, producing crops, and raising livestock for human consumption and use.

Allocatively Efficient

Allocative efficiency occurs when resources are distributed in a way that maximizes the net benefit to society.

Productively Efficient

Refers to a situation where an economy or firm produces goods at the lowest possible cost per unit, utilizing resources in the best way possible.