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

Question

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

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Solution

The correct answer is: buyer has all the rights given to an injured buyer under the UCC.

Here's why:

  1. "Buyer will be sued for using the remedies." - This is incorrect because a buyer cannot be sued for using remedies that are legally available to them in the event of a breach by the seller.

  2. "Court will enforce the limitation." - This is incorrect because if a limitation on a buyer's remedies is deemed unconscionable (unfair or unjust), the court will not enforce it.

  3. "Court has the right to charge cases on the seller for causing emotional damages." - This is incorrect because emotional damages are typically not applicable in cases of breach of contract unless there is an intentional infliction of emotional distress, which is a separate tort.

  4. "Buyer has all the rights given to an injured buyer under the UCC." - This is correct. If a limitation on a buyer's remedies is found to be unconscionable, the buyer retains all rights provided under the Uniform Commercial Code (UCC), which governs transactions of goods in the United States. These rights may include the right to cancel the contract, recover damages, or seek specific performance.

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