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Ashorn Ashorn
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Posts: 1043
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7 years ago
Even if the wording of an exemption clause applies to a situation that has occurred and the clause is not determined to be unconscionable at the time the contract was formed, a court may still refuse to enforce it if the injured party can
a. point to some paramount consideration of public policy sufficient to override the public interest and freedom of contract.
b. prove it is an unreasonable term.
c. prove a significant loss.
d. claim an unjust enrichment.
e. argue the clause is restitutionary in nature.
Textbook 
The Law and Business Administration in Canada

The Law and Business Administration in Canada


Edition: 14th
Authors:
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AlexStanfordAlexStanford
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7 years ago
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Ashorn Author
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7 years ago
Good timing, thanks!
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Yesterday
Thanks for your help!!
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2 hours ago
Just got PERFECT on my quiz
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