Mikael Recently Started a Home-Based Business Selling Custom Fishing Lures

question 62

Multiple Choice

Mikael recently started a home-based business selling custom fishing lures.He decided that he could make a lot more money selling his homemade lures on the internet.Mikael is not the least bit technologically inclined,but he knows that his next-door neighbour,Perm,does web design on the side.He decides to hire her to create a website for his new venture.Perm has him sign an agreement that includes an exemption clause that limits her liability in cases of negligence.In the course of designing the website,Perm becomes annoyed at Mikael because his dog keeps digging up her rose bushes.Rather than confront Mikael directly,Perm deliberately puts the wrong pricing information on Mikael's website to get him back.If Mikael suffered damages as a result and wanted to sue Perm,what would the likely result be?

• A) The exemption clause would protect Perm because of the principle of "freedom to contract."
• B) The exemption clause would be severed as being an illegal restraint of trade.
• C) Perm's actions were outside the scope of the contract, so Mikael would have no claim in law.
• D) Perm only did freelance web design; as a non-professional she would not face liability.
• E) Perm's acts were deliberate, not negligent, so Perm would not be protected by the exemption clause.

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Definitions:

Cystitis

Inflammation of the bladder, usually caused by a bacterial infection, leading to symptoms like painful urination and an urgent need to urinate.

Bladder Infection

An infection in the bladder, often caused by bacteria, leading to symptoms like pain during urination and the urge to urinate frequently.

Urinary Tract

The system in the body responsible for removing urine and includes organs such as the kidneys, ureters, bladder, and urethra.

Cervicitis

The swelling (inflammation) of the cervix, usually the result of an infection.