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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

Question

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

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Solution

exclusion is not enforced limitation is not enforced

Similar Questions

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

When is an agreement of liquidated damages enforceable? (Choose two correct answers.)Multiple select question.If actual damages are difficult to prove in the event of a breach of a contractIf both the parties agree upon the exact specifications of the breach of the contractIf the amount of damages is reasonableIf an amount is large enough to be considered a penalty

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

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

A court was reviewing a sales contract that contained the following phrase: "If delivery of specified goods is delayed by one day, the seller will pay one million dollars in compensation to the buyer". The purchase price of the goods is $3,000. The court refused to enforce the compensation provision because: Blank______.Multiple choice question.according to the UCC, a liquidated damages provision in a sales contract is per se unconscionablea court can refuse to enforce any provision in any contract at its discretionit exceeds the liquidated damages cap established by the Uniform Commercial Code (UCC)it is unconscionable

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