Which clause is a refusal to accept liability for damages that might occur?
A.
Disclaimer
B.
Indemnity provision
C.
Risk retainer
D.
Hold harmless agreement
The Answer Is:
A
This question includes an explanation.
Explanation:
The correct answer is A. Disclaimer . A disclaimer is a statement or clause by which a party refuses, limits, or denies responsibility for certain losses, damages, representations, or outcomes. In commercial insurance and risk management, disclaimers are often used in contracts, websites, proposals, reports, signage, warranties, and service agreements to clarify that one party does not accept liability for specific events or consequences. A disclaimer does not automatically eliminate all legal liability, because courts may examine fairness, wording, notice, statutory obligations, and public policy. However, its purpose is still to refuse or restrict liability. An indemnity provision is different: it requires one party to compensate another for certain losses. A hold harmless agreement is also a contractual risk transfer clause where one party agrees not to hold another responsible or agrees to protect them from claims. “Risk retainer” is not the correct contractual clause; retention means keeping the financial consequence of risk rather than transferring it. The wording “refusal to accept liability” directly points to a disclaimer. Course topic reference: Risk Management; Selecting Risk Techniques; Contractual Risk Transfer; Disclaimers and Liability Clauses .
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