A Concise Intro To Logic
12th Edition
ISBN: 9781305147775
Author: Hurley
Publisher: Cengage
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What is the form and function of an argument? In other words, explain the form of anargument in terms of its parts and its composition, and then explain the purpose or use of anargument?
During an embezzlement trial, the plaintiff’s attorney is performing a direct examination of a witness. The attorney asks the witness, “What happened when you asked your supervisor what they knew about the incident?” The witness replies, “my supervisor said that Mr. Smith had embezzled money from the company.” Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witness’s response? A. The witness’s response is hearsay, but it is admissible because a hearsay exception applies. B. The witness’s response is not hearsay, and it is admissible. C. The witness’s response is not hearsay, but it is inadmissible because it is unreliable. D. The witness’s response is inadmissible hearsay
What is the contra proferentum rule and how does this apply to exclusion clauses? Which of the following is correct?
The contra proferentum rule applies so that an exclusion clause is always interpreted by a court against the party relying on it
The contra proferentum rule basically means that an exclusion clause is contrary to the interests of consumers and therefore unenforceable as a term
Contra proferentum refers to the ability of consumer law to set a contrary term to that of the parties within a contract
The contra proferentum rule means that the party relying on the exclusion clause must be able to prove that the other party agreed to it, otherwise it is not enforceable
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