In Order to Avoid Having a Court Impose a Classification

question 18

Multiple Choice

In order to avoid having a court impose a classification of a contractual obligation as an innominate term,which of the following actions would be appropriate?

• A) Ensure that all contractual obligations are clearly described in the contract.
• B) Avoid the use of ambiguous language that leads to erroneous assumptions.
• C) Avoid the use of contractual promises that hold less significance or importance.
• D) Clearly set out the consequences of the breach at the time the contract is created.

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Definitions:

Distress

Acute stress or discomfort resulting from situations perceived as threatening or overwhelming.

Misinformation Effect

Information received from others about an event that can alter a memory to conform to the information received from other people.

Plausibility

The quality of appearing to be reasonable or probable, often used in the context of arguments or theories.

Confidence

The belief in one's abilities and making decisions or taking actions with a sense of assurance and firm trust in oneself.