In which one of the following instances would the seller most likely succeed in an attempt to escape liability by the use of an exemption clause?
A) The exemption clause that covers the situation was posted in plain view and was brought to their attention at the place and time of contract.
B) There has been a breach of the fundamental obligation of the contract, and the court holds that, on its true construction, the parties did not mean it to cover a serious breach.
C) The store had posted at the entrance to the dressing rooms a large sign reading "Not responsible for stolen articles," and the customer lost articles in a fire that swept through the dressing rooms.
D) The clause says there will be no liability for breach of a condition and the breach that occurs is minor in nature.
E) The purchaser of goods, after the sale, is sent an invoice on which the exemption clause is printed in boldface type at the top of the first page.

Question

Quizplus · Accepted Answer

A seller is more likely to succeed in invoking an exemption clause if it was brought to the attention of the buyer at the time of contract and was posted in plain view. This shows that the buyer had a reasonable opportunity to understand the terms of the contract and the exemption clause.

In Which One of the Following Instances Would the Seller