In Which One of the Following Instances Would the Seller

question 45

Multiple Choice

In which one of the following instances would the seller most likely succeed in an attempt to escape liability by the use of an exemption clause?

• A) The store had posted at the entrance to the dressing rooms a large sign reading "Not responsible for stolen articles," and the customer lost articles in a fire that swept through the dressing rooms.
• B) The purchaser of goods, after the sale, is sent an invoice on which the exemption clause is printed in boldface type at the top of the first page.
• C) The clause says there will be no liability for breach of a condition and the breach that occurs is minor in nature.
• D) There has been a breach of the fundamental obligation of the contract, and the court holds that, on its true construction, the parties did not mean it to cover a serious breach.
• E) The exemption clause that covers the situation was posted in plain view and was brought to the buyer's attention at the place and time of contract.

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Definitions:

Modified Comparative Negligence

A legal doctrine under tort law that allows for the plaintiff to recover damages even if they are partially at fault, but only if their responsibility is below a certain percentage.

Percentage Of Fault

A legal determination in some jurisdictions of how much each party is at fault in a liability case, affecting the allocation of damages.

Contributory Negligence

A legal doctrine that may limit or bar recovery in a lawsuit if the plaintiff also contributed to the harm they suffered.

Seat Belt

A safety device in vehicles designed to secure the occupant against harmful movement that may result during a collision or a sudden stop.