The Main Application of UCTA Is to Terms 'Excluding or Restricting

question 10

Multiple Choice

The main application of UCTA is to terms 'excluding or restricting' specific types of liability. However, UCTA also counters attempts to evade its control by expanding the definition of what counts as a term which excludes or restricts liability. Which of the following terms escapes UCTA's control?

• A) Terms that make claims more difficult to prove.
• B) Terms allowing one party the discretion to give substantially different performance from that reasonably expected by the other contract party.
• C) Terms that exclude or restrict (i) a duty of care in negligence, or (ii) the implied obligations under the Sale of Goods Act 1979.
• D) None of the options given is correct.

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Definitions:

Stanford-Binet

An individually administered intelligence test that assesses cognitive abilities across five factors, contributing to the calculation of an IQ score.

Consecutive Age Levels

Sequential stages of development based on age, often used to describe developmental progress or educational grading systems.

Kaufman Assessment Battery

A comprehensive clinical instrument for assessing cognitive development in children and adolescents.

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A broad category of brain diseases that cause a long-term and often gradual decrease in the ability to think and remember, significantly affecting an individual's daily functioning.