Which of the Following Is NOT a Consideration When Deciding

Multiple Choice

Which of the following is NOT a consideration when deciding whether a disclaimer clause should be effective since the Tercon Contractors decision?

A) did the disclaimer clause apply to the specific facts of the case
B) was the clause unconscionable at the time the contract was formed
C) was their unequal bargaining power when the contract was formed
D) are there public policy reasons why the disclaimer should not be enforced
E) all of these factors are considerations