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

question 39

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:

Urethra

The tube that conducts urine from the bladder to the outside of the body in both males and females, and also serves as a conduit for semen in males.

Metanephridia

Excretory organs found in many invertebrates, such as annelids, that filter waste materials from the body fluids.

Malpighian Tubules

Excretory structures found in insects and other terrestrial arthropods that remove waste materials from the hemolymph and regulate water and salt balance.

Protonephridia

A network of dead-end tubules lacking internal openings in certain invertebrates, serving as an excretory and osmoregulatory system.