Which of the following describe circumstances under which an exculpatory clause is generally unenforceable? select all that apply.
a. when the parties have unequal bargaining power
b. when it covers a recreational activity
c. when it covers public transportation
d. if it is clearly written

a. When the parties have unequal bargaining power  

c. When it covers public transportation  

Explanation:

Exculpatory clauses are often found in agreements between a company and a consumer when the activity is in danger, such as at a fitness center or ski resort. The company wants the consumer to understand the risk involved and to avoid lawsuits, so it includes a disclaimer in its contract. These clauses are used to limit liability, so they are not enforced when the parties have unequal bargaining power and when covering public transport.

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