Discuss exculpatory clauses, and designate when an exculpatory clause is unenforceable.

What will be an ideal response?


An exculpatory clause is one that attempts to release one of the parties from liability in the event of injury. A clause is generally unenforceable when it attempts to exclude an intentional tort or gross negligence, affects activity that is in the public interest, when the parties have greatly unequal bargaining power, and unless the clause is clearly written and readily visible. 

Business

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Which of the following is the key difference between traditional value chain and the new versions of the value chain?

A) The value chain starts with the customer in the new perspective. B) Customer needs are ignored in traditional value chain. C) Traditional versions are not focused on core competencies and assets. D) Outbound marketing chain is used in the new perspective.

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Which term refers to the salesperson's sequential series of actions that lead toward the customer taking a desired action?

A. Talent management B. Sales presentation C. Marketing process D. Marketing mix E. Sales process

Business

Pat thought he had received the best deal on his new car. Shortly after the purchase, Pat started to notice certain disadvantages of his new car as he learned more about other cars available. Pat is experiencing ________

A) perceived risk B) multitasking C) cognitive dissonance D) sensory marketing E) consumerism

Business

An open-door policy:

A. requires a manager to take disciplinary against an employee in public. B. gives an employee the right to appeal a disciplinary action taken against him or her to the manager's superior. C. allows an employer to terminate an employment relationship at any time for virtually any reason or for no reason at all. D. requires a new employee to sign an "open-door" agreement as a condition of employment.

Business