Q1. Which is most accurate regarding exemption clauses?

a) An exemption clause is not enforceable if it does not accurately cover the matter exempted

b) An exemption clause is valid even if one of the parties is at a disadvantage

c) The courts will enforce an exemption clause where it is unconscionable as long as the parties have signed the contract

d) An exemption clause can exempt the terms of the SGA

Q2. Which is correct?

a) Used goods are never covered by the SGA

b) Goods ae considered not fit for the purpose only if 4 criteria are present, under the SGA

c) Whether goods are covered under the SGA depends on the intent of the parties at the time of the sale

d) Risk and title to specific goods always passes at the time the contract was entered into under the SGA

Q3. Which does not describe an exemption clause:

a) The terms of an exemption clause must be reasonably brought to the attention of a party agreeing to it

b) Unusual terms must be brought to the attention of the party agreeing to it

c) You are bound by the terms regardless if you read them

d) Contracts with exemption clauses are ineffective if unsigned

Q4. Which is most correct regarding the SGA:

a) The terms of the SGA regarding risk and title are automatically implied into every contract for the sale of goods

b) The SGA does not apply if a contract provides for both goods and services

c) Parties may not exempt out of the SGA when selling new goods to an ordinary consumer

d) Sale of goods by description includes the use of words such as best, first-class

Q5. Which is correct regarding exemption clauses?

a) An entire agreement clause or exemption clause can exempt any type of misrepresentation

b) Used goods under the SGA may not be subject to an exemption clause

c) The Maloney case states that with a contract with an exemption clause the law is caveat emptor

d) An exemption clause can exempt all liability including fundamental breach