Which One of the Following Is False with Regard to Exemption

question 40

Multiple Choice

Which one of the following is false with regard to exemption (exclusion) clauses?

• A) Such clauses are prohibited in any sale of goods contract.
• B) To be part of the contract, such clauses must be brought to the attention of the parties before or at the time of contract.
• C) Even if there is an exemption clause in the contract, the court can hold that the exemption clause is of no effect if the breach is a fundamental breach.
• D) Where there is an exemption clause in a contract, the court will strictly construe that clause; i.e., the wording of the clause must cover the situation that occurred.
• E) An effective exemption clause is a barrier blocking the party wronged from his or her remedy, e.g., from damages.

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Definitions:

Covariance

A measure indicating the extent to which two variables change in tandem. It shows whether increases in one variable correspond with increases (positive covariance) or decreases (negative covariance) in the other one.

Pearson Correlation

A measure of the linear correlation between two variables, represented by a value between -1 and 1.

Null Hypothesis

Re-stated: The hypothesis that assumes no real effect, variance, or difference within the scope of the experimental and observational study parameters.

Covariance

A measure indicating the extent to which two random variables change in tandem.