The exculpatory clause does it permit reliance upon dewolfe.

Answers

Answer 1
Um yes because exculpatory clause
Answer 2

The correct interpretation of the exculpatory clause is that it does not permit reliance upon DeWolfe in the context of the case at hand.

To understand this, we must first comprehend the purpose and function of an exculpatory clause. An exculpatory clause is a contract provision that relieves one party of liability for any negligence or harm caused to the other party. However, the enforceability of such clauses varies by jurisdiction and is subject to certain legal limitations.

In the landmark case of DeWolfe v. Hingham Centre, Ltd., 464 N.E.2d 1048 (Mass. App. Ct. 1984), the court held that an exculpatory clause in a lease would not be enforced to exculpate a landlord from liability for harm caused by its negligence, because such clauses are not favored by law and are strictly construed against the party seeking to be relieved of liability.

Therefore, relying on DeWolfe, an exculpatory clause would generally not permit a party, such as a landlord or a business, to avoid liability for its own negligence, especially when the clause is broadly written and the injury arises from a situation that the releasing party could not have reasonably foreseen at the time of signing the contract.

In conclusion, the exculpatory clause does not permit reliance upon DeWolfe to absolve a party of liability for negligence, as the case law established in DeWolfe v. Hingham Centre, Ltd. suggests that such clauses are to be narrowly interpreted and are often unenforceable when they seek to exempt a party from the consequences of its own negligence.


Related Questions

20 PTS!!
What causes waves? What determines their size?

Answers

Most waves in the ocean are caused by wind. An ocean wave is an irregularity on the surface of a body of water usually generated by wind. Wind is moving air and as this moves over the ocean it can cause water to pile up. The size of waves is not determined by just one factor. The wind speed as it blows over the water can produce high energy waves. The energy is also determined by the fetch. This is the distance in open water which the wind is able to blow over the water.

Hawaii is completely surrounded by water. It is?
A.) An Isthmus
B.) A Mesa
C.) An Island

Answers

An island, it has multiple of them

Hawaii is an island so the answer is c

What practice ensures significant events (sigevents) assist intelligence and assessment functions?

Answers

once a SIGEVENT has been closed, it should be archived for record purposes such as trend analysis

Trend analysis is important in order to predict potential issue in the future.We conduct this trend analysis by analyzing historical data and comparing the potential outcome of our operation and the potential risk that may hurt the operation.

Nonverbal messages ____. are likely to be highly ineffective in customer interaction clearly indicate that words have little relevance are likely to contradict or override verbal messages replace written communication in business

Answers

I believe the answer is: are likely to contradict or override verbal messages

On average, people pay attention to about 70% of non-verbal message and only 30% of the verbal message for example.
For example, if the verbal message contain a sentence such as "you're so stupid!".
But the one who said it do it while giggling, laughing, or  throwing playful gesture, it would most likely wouldn't be interpreted as an insult.

Final answer:

Nonverbal communication can both contradict and substitute verbal messages, especially in cases of mixed messages or language barriers. It is often seen as more credible and carries significant weight in conveying interpersonal and emotional information.

Explanation:

Nonverbal communication can convey meaning by contradicting verbal communication, especially when mixed messages are present. This contradiction can cause confusion and negatively impact the receiver's reaction. For instance, a sarcastic comment paired with a wink can signal teasing rather than hostility. In professional settings, consistent nonverbal cues are crucial; for example, during a job interview, nonverbal signals like gestures, posture, and facial expressions can significantly affect an applicant's perceived social skills.

Substituting verbal communication occurs in various circumstances, such as when language barriers exist or in situations where spoken words are inadequate or inappropriate. For example, gestures can communicate basic needs across language divides, or nonverbal cues can convey disapproval in a situation where verbalizing it would be impolite.

Overall, nonverbal communication is often more credible and carries more weight in interpersonal and emotional contexts. It is vital for effective communication that both verbal and nonverbal messages are aligned, as misalignment can lead to misunderstandings and diminished credibility.

People are more likely to repeat behavior that is not rewarded than behavior that is rewarded. select one:
a. True
b. False

Answers

It is false that people are more likely to repeat behavior that is not rewarded than behavior that is rewarded

Answer: Option B

Explanation:

When people get applauded and appreciation for any activity or behavior that they perform, they get very happy and motivated to perform that activity again and on the other hand, the activity for which do not get appreciated or are punished, they do not want to repeat that thing again in their lives and this is a very common trait in the psychology of the humans.

what did the Chinese invent during the tang and song dynasties

Answers

The Chinese invented Printing, gunpowder, and the compass.

Answer:

Under the next two dynasties, the Tang and the Song, China experienced a prolonged golden age. It became the richest, most powerful, and most advanced country in the world. Wendi declared himself the first emperor of the Sui (sway) Dynasty. The dynasty lasted through only two emperors, from 581 to 618.

Explanation:

Jesus' baptism showed that He was submitting to the Father's _____ .

SELECT ALL THAT APPLY! ANSWER A.S.A.P.

plan
desire
will
hope

Answers

plan
will 

Hope this helps!
MidnightQueen

Research on peer popularity in elementary school has found that: 1. it is not very stable in elementary school, so it is not a very good predictor of subsequent behavior. 2. peer popularity in elementary school predicts peer popularity toward the end of high school. 3. rejection by peers in elementary school is a risk factor for later difficulties. 4. none of these; there isn't enough research to draw a conclusion.

Answers

I believe the answer is: 3.  rejection by peers in elementary school is a risk factor for later difficulties.
Rejection by peers in elementary school will most likely make the children feel discouraged to make en effort in communicating with other people in the future.
This will become a huge challenge for the children in their future personal life and career.

Answer:

The fourth one is right, they dont tell us so much

Mrs. norman suffered damage to a portion of her brain during a surgical accident. mrs. norman shows greatly diminished responses to repulsive or threatening stimuli. in addition, she seems to have trouble understanding emotional expressions and body language. the surgical accident has most likely caused damaged to her:

Answers

The surgical accident has most likely caused damaged to her "amygdala".

Amygdala is the part which is integrative focus for feelings, enthusiastic conduct, and inspiration or motivation. In the case that the brain is flipped around the last of the structure constant with the hippocampus is known as the uncus. If we peel away uncus we will uncover the amygdale which adjoins the front of the hippocampus.

What is one way that members of hutterite communities build commitment to the group? emphasis on individual achievements making individual privacy available frequent face-to-face interaction providing access to the outside world?

Answers

I believe the answer is: Frequent face-to-face interaction
They believe that face to face interaction will increase the attachment between the people in that society.
This would make them much more likely to understand and behave based on the collective benefit of the group.

Imagine that budweiser wanted to know, in consumers' own words, what they were thinking and feeling while watching the lost dog spot. the best way to assess that would be a:

Answers

I believe the answer is Mail survey.
Mail survey consist of complete questionnaires that is conducted via e-mail between the audiences and the company.
This method provide the consumers with complete privacy and enough time to write their full thought and feeling regarding the film.

Primarily, why is voter turnout lower in the united states than elsewhere? there are more obstacles and fewer incentives in the united states. u.s. citizens are less educated than citizens of other nations. politics is more complex in the united states than in other nations. the voting procedures are too difficult for voters to understand.

Answers

I believe the answer is: There are more obstacles and fewer incentives in the United States
For example, most elections in united states are initiated on work days and people required to make a certain sacrifice in their job just to be able to vote. Other example would be the long line that make people spent a lot of times just to throw  a piece of paper.

one reason that the colony of New Netherland grew slowly was that

Answers

2 colonists were more interested in the fur trade than in permanent settlement.

Answer:

colonists were more interested in the fur trade than in permanent settlement.

Explanation:

Who envisioned there would be a personal computer in everyone’s home and workplace?



A.


Steve Jobs


B.


Stephen Wozniak


C.


Bill Gates


D.


Mark Zuckerberg

Answers

Hello there, and thank you for posting your question here on brainly.

I'm sure that the right answer is C. Bill Gates. 

Hope this helps! ☺♥

Final answer:

Bill Gates is the individual who envisioned a personal computer in every home and workplace, though Steve Jobs also played a significant role in the personal computing revolution.

Explanation:

The individual who envisioned that there would be a personal computer in everyone’s home and workplace is Bill Gates. Both Steve Jobs and Bill Gates were monumental figures in the personal computing revolution. While Steve Jobs, along with his partner Steve Wozniak, co-founded Apple Computer in 1976 and became a pioneer in making personal computers accessible, it was Bill Gates and his company Microsoft that focused heavily on software to power personal computers and envisioned a computer on every desk and in every home. Gates recognized the potential of the microchip and microprocessors, which allowed computers to become affordable and practical for personal use. Furthermore, with the launch of the IBM Personal Computer in 1981, which ran Microsoft's MS-DOS, Gates's vision started to become a reality, setting the landscape for the ubiquity of personal computers in modern society.

Beans can only be roasted by commercial roasting machines

Answers

Sure if u say so then ya 

Answer:

Sure

Explanation:

Administration.
I. The Food and Drug Administration (FDA) educates the public about food.
A. The information the FDA provides helps consumers stay safe.
B. The FDA educates consumers in different ways.
II. The FDA labels processed foods.
A. FDA labels identify the ingredients used to make products.
B. FDA labels explain the nutrition content of food.
C. FDA labels explain if the product might harm people who have allergies.
III. The FDA warns the public about harmful food.
A. The FDA issues a warning when a foodborne illness breaks out.
B. The FDA tells consumers which foods to avoid.
C. The FDA tells consumers what to do if they get sick.
IV. The American public relies on the information the FDA provides.
A. The FDA labels food and issues warnings about foodborne illnesses.
B. This information helps protect consumers from harmful food.
Which statement would best fit in section III?
A:The FDA was founded in 1906 to protect consumers from misbranded food.
B:The FDA lists information about dangerous food on their agency website.
C:The FDA oversees all aspects of drug manufacturing and distribution.
D:The FDA tells consumers how to read and understand their food labels.

Answers

Answer: B:The FDA lists information about dangerous food on their agency website. 

Explanation: right on Edge

how can the public participate in the budget process

Answers

Hello!

The public could participate in the budget process by possibly raising their taxes.

Enjoy.
~Isabella

Clovis I set up a capital city in what is now known as paris
True or
False

Answers

The answer is False he didn’t set up Paris.
the answer is false hope it helps 

The fact that many middle-class and lower-middle-class citizens who did not stand to benefit from president george w. bush's tax cuts seemed to favor them is an example of the
a. importance of political efficacy.
b. importance of self-interest.
c. importance of political knowledge.
d. "spiral of silence."

Answers

This is an example of C. importance of political knowledge.
These people didn't know enough about politics and the politicians they were voting for which is evident based on this question. They favored some politicians because they were gullible and didn't understand that favoring them won't really give them any benefits. If they had more knowledge, they would probably have voted for a better candidate. 

How did the lives of the plebeians steadily change during the Roman Republic period?
A. They became slaves of the patricians.
B. They gained more political power.
C. They lost their Roman citizenship.
D. They stopped joining the Roman army.

Answers

They gained more political power! hope this helps

Who is being described here? A) Sekou Toure B) Kwame Nkrumah C) Jomo Kenyatta D) Haile Selassie

Answers

I think the right answer is D cause it explain the meaning of the answer?

The CORRECT answer is Sekou Toure.

Your instructor tells you how poor your writing ability is and how wrong it is for you not to work harder on it. that instructor used the gibb category of​ ​description. ​evaluation. ​problem orientation. ​equality. ​provisionalism.

Answers

The answer is that instructor used the Gibbs category of​  ​"evaluation".

Gibb's classifications or categories give a useful approach to us to inspect our protective and steady behavior. The Gibb Categories are fundamentals of an approach for interpersonal communication. In Gibb's category of evaluation, an individual makes a judgment about someone else or about his or her conduct.

when panama was created in 1903, why did president Theodore Roosevelt use his power to recognize the new nation so quickly?

Answers

Hello!

When Panama was created in 1903, President Theodore Roosevelt used his power to recognize the new nation so quickly because he wanted to build the Panama Canal.

Panama was (in 1903) part of Colombia. When the American Government wanted to build the Panama Canal to connect the Pacific and Atlantic oceans, they had to pay a lot of money to do so, but Colombians wanted more and more. This caused President Theodore Roosevelt to get angry and supported a revolt in Panama who overtake the Government and made an agreement with the leader of the revolution (Manuel Amador) to build the Panama Canal soon after he took the power. 

Have a nice day!

Final answer:

President Theodore Roosevelt recognized Panama quickly due to strategic interests in the Panama Canal, which was vital for military and trade purposes. The U.S. had financially invested in the canal zone and Roosevelt's Corollary to the Monroe Doctrine emphasized U.S. dominance in Latin American interventions. The controversial recognition facilitated U.S. expansion of maritime power and global trade.

Explanation:

President Theodore Roosevelt recognized the new nation of Panama swiftly after its independence in 1903 because of strategic interests in constructing the Panama Canal. The canal was crucial for military purposes and international trade, enabling a faster route between the Atlantic and Pacific oceans. Roosevelt was frustrated with Colombia's delays and rejection of the treaty for the canal construction, which led him to support the Panamanian revolution.

The U.S. government also had financial reasons at stake, with $40 million paid for French company's rights in the canal zone that would revert to Colombia upon delay. Therefore, the quick recognition of Panama, backed by U.S. military presence, ensured the canal's construction under favorable terms through the Hay-Bunau-Varilla Treaty.

Additionally, Roosevelt's actions align with his Corollary to the Monroe Doctrine, claiming the exclusive right of intervention in Latin America to prevent foreign bases in the Caribbean. The U.S. had substantial security and commercial motivations for a canal, highlighted by the long journey of the U.S.S. Oregon during the Spanish-American War. Roosevelt's naval strategy, influenced by Alfred Thayer Mahan's work, was determined to assert U.S. strength through maritime mobility and global trade expansion. Thus, recognizing Panama's independence was a strategic move to facilitate these goals.

Despite the strategic wins for the U.S., the recognition of Panama's independence was controversial, as it occurred rapidly after the revolution and while Colombia was attempting to deal with the insurrection, leading to accusations of violating international law. The rapid recognition and negotiated treaty exemplified America's increasing influence and assertiveness in Latin America during Roosevelt's presidency.

Rebecca is participating in a study where she is required to hold words in working memory. what is likely happening in her brain?

Answers

She will memorize what she did in the study

In 1954, the landmark Supreme Court case Brown v. Board of Education declared school segregation (the separation of schools by race) unconstitutional. How has this case helped shape your educational experience?

Answers

It had a very tiny influence on my education. I was going to school 2 years later in Canada. To lessen the pressure, our student council president invited some of the black students to come to school there. They wrote an indignant reply back telling him, "Thank you, but you missed the point of why we are here. and why we will stay here."

Jane is a national of canada. she is kind, goal-oriented, knowledgeable in literature, outgoing and musically inclined. which of these characteristics would be considered a dichotomous variable?
a. her emotional stability
b. her social behavior
c. her kindness
d. her nationality
e. her musical skills

Answers

The answer is "d. her nationality".


Variables are dichotomous on the off chance that they have precisely two particular values, for example, sex or being married. They are dissected uniquely in contrast to different factors. A dichotomous variable is one that goes up against one of just two conceivable esteems when watched or estimated. The value is frequently a portrayal for a deliberate variable (e.g., age: under 70/70 and over) or a characteristic (e.g., sex: male/female).

With regard to memory, the process of retaining information over time is known as _____.

a. maintenance

b. storage

c. capturing

d. sensory retention

Answers

 It is storage. You store memories in your mind.

On september 12, 2001, psychologists jennifer talarico and david rubin (2003) had duke university students complete questionnaires about how they learned about the terrorist attacks against the united states the previous day. for comparison, students also described some ordinary event that had occurred in their lives at about the same time, such as going to a sporting event. students were then randomly assigned to a follow-up session either 1 week, 6 weeks, or 32 weeks later. what did the results indicate?

Answers

The answer is that the flashbulb memory and everyday memory decays overtime.Talarico and Rubin (2003) strong-minded that sureness is a forecaster of flashbulb memory and bring into being that both everyday and meaningful flashbulb memories are vulnerable to rebuilding and deteriorate over time, but also recommended that intensity for flashbulb memory stays unwavering over time. 

The above case indicates flashbulb memory and everyday memory that wears over time.

What are flashbulb memory and everyday memory?

Flashbulb memory:

Flashbulb memory is the theory that was suggested by Roger Brown and James Kulak in 1977.

This type of memory found that individuals had very graphic memories of when they acquired the news, just what they were accomplishing, the temperature, and the fragrances in the air.

Everyday memory:

Everyday memory denotes those memory functions that habitually arise in the daily environment of an individual.

some of the examples of everyday memory are remembering the names, making plans, etc.

In the given situation, Talarico and Rubin (2003) are strong-minded that assurance is a predictor of flashbulb memory.

It brings into existence that both every day and expressive flashbulb memories are open to reconstruction and decline over time.

But it also suggested that strength for flashbulb memory remains persistent over time.

Therefore, the results indicate flashbulb memory and everyday memory.

Learn more about the memories, refer to:

https://brainly.com/question/5987387

in which countries has the politician assassination of politics candidates such as Benazir Bhutto undermined democracy processes

Answers

I believe the answer is: Pakistan
Benazer bhutto was the first ever female prime minister that took that position in a Muslim majority countries..
Due to some religious rule that required muslims to be lead by Men, many radical religious groups in that country conducted her assassination.

"we promote from within whenever possible" is a ________.

Answers

The correct answer is a policy.

A policy refers to a strategy or plan of action, which is implemented or made to influence and determine an individual or group of individual's decisions, strategies and other situations. Policies are guidelines on how a certain law or rule should be put into action.
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