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Exclusion of limitation on consequential damages is only permitted where the ______________.Multiple choice question.loss due to the damages is commercialdamages are decided by the injured partyexclusion of the damages is conscionablelimitation on the damages is reasonable

Question

Exclusion of limitation on consequential damages is only permitted where the ______________.Multiple choice question.loss due to the damages is commercialdamages are decided by the injured partyexclusion of the damages is conscionablelimitation on the damages is reasonable

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Solution

Exclusion of limitation on consequential damages is only permitted where the exclusion of the damages is conscionable.

Similar Questions

An injured party may not recover consequential or punitive damages unless these damages are ________.Multiple choice question.specifically provided for in the Uniform Commercial Codenot mentioned in any statute of limitationsexcluded from the Uniform Commercial Codenegligible enough to be a penalty

If a liquidated damages clause that touches on the limitation or exclusion is unconscionable, the ________. (Choose two correct answers)Multiple select question.exclusion is enforcedlimitation is enforcedexclusion is not enforcedlimitation is not enforced

Assuming a liquidated damages clause, which of the following is considered prima facie unconscionable? (Choose one correct answer)Multiple choice question.Any attempt to limit consequential damages for injury caused to a person by consumer goodsAny attempt to delay delivery of consumer goodsAny attempt to advance delivery of consumer goodsAny attempt to enhance consequential damages for injury caused to a person by consumer goods

An injured buyer can recover consequential damages from a seller by showing that: ________.Multiple choice question.the seller knew (or should have known) she could have prevented damages by obtaining substitute goodsthe seller made (or should have made) profits out of the sales contractthe contract price is higher than the cost price of the substitute goodsthe seller knew (or should have known) the buyer would suffer damages if the seller failed to perform

When a limitation on a buyer's remedies on breach by a seller is unconscionable, the __________.Multiple choice question.court has the right to charge cases on the seller for causing emotional damages.buyer will be sued for using the remedies.buyer has all the rights given to an injured buyer under the UCC.court will enforce the limitation.

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