In Tilden-Rent-a-Car v Clenndenning, the

rental company had a written term in the

contract that said if a driver had anything to

drink (consumed any alcohol), the driver

would not be covered for damage to the car.

1.

What is this type of clause called?

2. Is it an express term or implied term?

3. If the car rental company lied to the

driver about the daily rental rate, would

that contract be enforceable? Why or

why not?