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Exemption clauses are clauses that protect the defendant not to be held liable of an injury or loses occured as a result of of his fault by negligence or otherwise .
There are three types of exemption clauses , namely .
Total exemption clause . A clause where by no reward will awarded to a victim no matter what .
Time limitation clause which will accept an claim only up on a specific time , should such a time expired no reward will be .
The last will allow the victim to be awarded a damage of 50% out of the lost he suffered .
The court may refuse some of them because they are unreasonable , not legal etc
May refuse that they not total incorporated in the contract .
The position of the clause for example not visible by the other party .
The exemption clause must be known by both party before the signing of a contract .
Parties to contract may not rely on clauses of previous dealing , but to the present one unless they so sissified in a document .
The main aim for the court is to protect the consumers from unreasonable and harsh exemptions clauses .
What else can I help you with?
To refuse to accept the decision of a court and then apply to have the case heard again in a higher court?
appeal (novanet)
How do I apply for the head of household exemption in garnishment in Iowa?
To apply for the head of household exemption in garnishment in Iowa, you must file a claim with the court handling the garnishment. This typically involves submitting a completed "Claim of Exemption" form, which can be obtained from the court or online. You will need to provide information demonstrating that you qualify as a head of household, including details about your dependents and income. It's advisable to consult with a legal professional or the court for specific instructions and requirements.
Can an heir refuse to probate a will with oil and gas mineral interest at stake?
An heir has no right to refuse. Debtors can apply to the probate court for someone to become executor and protect their rights and debts.
Can you refuse to be a witness in court?
Yes, individuals can refuse to be a witness in court, but they may face legal consequences such as being held in contempt of court.
Which amendment to the Constitution did the Supreme Court use as the device to apply the First Ten Amendments to the individual states?
The US Supreme Court has used the Fourteenth AmendmentDue Process and Equal Protection Clauses to apply significant portions of the Bill of Rights to the States; however, some parts of the first ten amendments remain unincorporated.
Can the mother refuse a visit if she doesn't agree with where the child will be taken Also there is no court order?
If the father have no court order for visitation she can refuse.
If court ordered can you refuse to take a paternity test if you were not informed of your right to refuse one?
Believe me, if you were ordered by the court to take a paternity test, there is no "right" to refuse it. The alternative to "refusing" the courts order is to suffer the consequences of a charge of "Contempt of Court."
Can you refuse to do a DNA on your son even though the believed father is on the birth certificate?
You can not refuse to do a DNA test on your son if there is a court order involved. If you refuse to obey a court order you can go to jail.
IS THERE a Head of Household or Head of Family Exemption IN CALIFORNIA FOR WAGE GARNISHMENT?
Yes, California law provides a Head of Household exemption for wage garnishment. This exemption protects a portion of a debtor's wages from being garnished if they qualify as a head of household, defined as someone who provides more than half of the support for a dependent. To claim this exemption, the debtor must file a claim with the court. However, specific eligibility criteria and limits on the amount protected apply, so it's advisable to consult legal resources or professionals for detailed guidance.
Can you refuse to answer a question in court?
Yes, individuals have the right to refuse to answer a question in court if it may incriminate them or violate their rights under the Fifth Amendment of the U.S. Constitution.
What amendment has the Incorporation Clause?
None of the Amendments to the US Constitution refer to incorporation directly; however, the US Supreme Court has interpreted the Fourteenth Amendment Due Process and Equal Protection Clauses to apply the Bill of Rights to the States (incorporation). For more information, see Related Questions, below.
What can a court do if the court decides that a precedent is incorrect or inapplicable?
The court must refuse to decide the particular case.
