Asha Sells Bottled Spring Water

Multiple Choice

Asha sells bottled spring water.Unlike other water vendors who purify their water, Asha is marketing her product to those who want to drink spring water in its natural state.Although her water source is pure and clean, she is concerned that some consumers might have allergic reactions to trace elements in the unpurified water, so she designs a clause to exclude her company from liability.The clause indicates that, by opening and drinking the water, consumers are indicating that they have read and understood the warning that the water has not been purified and, as such, waive all liability claims against the company for any allergic reactions resulting from drinking the water.Which of the following is most likely to be TRUE of Asha's strategy?

A) It will fail because it is never possible to exclude tort liability by way of contract.
B) It will only succeed if the distributor personally points out to the consumer that by drinking the water they are waiving their right to sue.
C) Regardless of any other fact, the exclusion clause will apply if consumers are given reasonable notice.
D) The exclusion clause will be enforceable only if it is unambiguous, only if there was reasonable notice, and only if the plaintiff objectively agreed to it.
E) Exclusion clauses are not enforceable in a court of law.