Divided Parcel (DP) Includes the Following on Its Mailing Receipts

question 3

Multiple Choice

Divided Parcel (DP) includes the following on its mailing receipts: "We are not responsible for any damages to packages whether or not through the intentional or reckless fault or negligence of our employees. Send packages at your own risk." Mary reads this clause but sends her watch back to the manufacturer to be repaired anyway. The watch is destroyed when the DP driver uses the package for a ball and tosses it to his buddy. Mary is:

• A) out of luck because the clause was communicated to her.
• B) out of luck because she should have insured the package.
• C) likely to collect from DP since exculpatory clauses always violate public policy.
• D) likely to collect from DP because it attempted to excuse intentional and reckless behavior.

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Definitions:

Entire Output

The entire output contract is a commercial agreement in which a buyer agrees to purchase all of a seller's production of a specific good or service.

Intent Of The Parties

The actual and mutual intention of all parties involved in a contract or agreement, determined from their actions and words.

Certain Terms

Specific, clearly defined provisions within a contract or agreement that detail the expectations, duties, and rights of all parties involved.

Subject Matter

The topic or substance of a document, discussion, or work, especially referring to the content of a legal document or proceeding.