Fact Pattern 14-1 (Questions 32-33 apply)

BackBay Strip Mall requires its tenants to sign a lease that includes a clause releasing Medford Telephones from liability in the event of monetary or physical injury no matter who is at fault. Cathys Card Shop signs a lease with BackBay City that contains the clause.

32. Refer to Fact pattern 14-1. This clause is

a. a covenant not to compete.

b. an adhesion contract.

c. an exculpatory clause.

d. an illusory promise.

33. Refer to Fact pattern 14-B1. The clause is most likely

a. enforceable as a matter of public policy.

b. enforceable if either party is considered to be a business for essential services.

c. enforceable if the lease also involves residential property.

d. unenforceable.

34. Dave and Eddy agree to hijack a truck carrying a load of almonds. Dave later refuses to go through with the crime. Eddy can

a. enforce the agreement.

b. obtain damages from Dave in the amount of Daves probable share of the illegal profits.