What does the contra proferentem rule state?Group of answer choicesAn exclusion clause can only be relied upon if it is specifically brought to the other party's attention prior to the contract being entered into.An exclusion clause cannot be relied on to exclude liability for a fundamental breach of contract.A person cannot rely on an unreasonable exclusion clause.An ambiguous exclusion clause will be interpreted against the person seeking to rely on it.
Question
What does the contra proferentem rule state?Group of answer choicesAn exclusion clause can only be relied upon if it is specifically brought to the other party's attention prior to the contract being entered into.An exclusion clause cannot be relied on to exclude liability for a fundamental breach of contract.A person cannot rely on an unreasonable exclusion clause.An ambiguous exclusion clause will be interpreted against the person seeking to rely on it.
Solution
The contra proferentem rule states that an ambiguous exclusion clause will be interpreted against the person seeking to rely on it. This means that if there is any doubt about the meaning of the clause, the court will interpret it in favor of the party that did not draft the contract. This rule is designed to discourage parties from including ambiguous or unclear terms in their contracts.
Similar Questions
The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial.Group of answer choicesTrueFalse
In which of the following circumstances will the rest of the partners NOT be liable for the conduct of a partner?Group of answer choicesA partner enters into a contract on behalf of the partnership, which is not expressly required by the partnership agreement, yet is within the scope of the firm’s normal businessAn outsider entered into a series of agreements with a partner in the name of the partnership. The other partners have no knowledge of this partner’s actions and the partner did not have the authority to enter into the agreements. However, the type of agreements entered into could be considered by an outsider to be of a type that such a firm would legitimately have enteredWhile acting within the scope of his/her apparent authority, a partner advises a client of the partnership to invest in a company which the partner knows is a mere shell company. This shell company has no shares, has no bank account and does not engage in business. The client followed the advice of the partner and invested as instructed. The client loses all of his money when the same partner takes the money and goes into hiding. The client seeks compensation in tort from the remaining partnersA partner, who is also a trustee of the firm, improperly employs trust property on account of the partnership without the knowledge of the other partners
Which of the following statements is correct?Group of answer choicesAn exemption clause is a term that completely excludes one party’s liabilityAn exclusion clause limits one party’s liability whereas an exemption clause limits all parties’ liabilityAn exemption clause limits liability to a certain monetary amountAn exemption clause is a term that excludes or limits the liability of one or more parties
One of the implications of the exclusionary rule is that it:Group of answer choicesit forces officers to gather evidence properlyIt is unlikely for a conviction if the officer follows appropriate proceduresallows the rights of the accused to be overlookedit explains the differences between probable cause and reasonable suspicion
If a court finds that a contract provision or the contract as a whole was unconscionable when made, the court can: Blank______.Multiple choice question.nevertheless dismiss with prejudice the adversely affected party's claim, based on the premise that a bad bargain is still an enforceable agreementonly refuse to enforce the entire contract as per the rules of the UCCgrant punitive damages against the person who insisted on drafting the unconscionable provision or contracteither enforce the other provisions that are fair or refuse to enforce the contract
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