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
Question
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
Solution
The court refused to enforce the compensation provision because it is unconscionable. The compensation amount of one million dollars is excessively disproportionate to the purchase price of the goods, which is $3,000. This makes the provision unconscionable, as it is excessively unfair and one-sided in favor of the buyer.
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
If a court finds that a contract provision or the contract as a whole was unconscionable when made, the court can: Blank______.Multiple choice question.nevertheless dismiss with prejudice the adversely affected party's claim, based on the premise that a bad bargain is still an enforceable agreementonly refuse to enforce the entire contract as per the rules of the UCCgrant punitive damages against the person who insisted on drafting the unconscionable provision or contracteither enforce the other provisions that are fair or refuse to enforce the contract
Justin went to court and contended that his automobile sales contract was unconscionable due to the high penalties for nonpayment. The court agreed with Justin that the penalties for nonpayment were unconscionable, but it found that all of the other material terms of the sale were proper. The court may choose to: Blank______.Multiple choice question.order the parties to negotiate a new automobile sales contractenforce the provisions of the contract that the court deems as being faironly enforce the entire contract because there was an agreement between the partiesenforce the contract in its entirety and warn the parties to beware of unconscionable clauses in the future
Under the provisions of the UCC, the right of restitution is subject to a __________.Multiple choice question.buyer's right to refuse paymentseller's right to recover damagesbuyer's right to repudiate a contractseller's right to refuse delivery
When the buyer refuses to accept conforming goods or wrongfully repudiates the contract, under UCC 2-708 the seller can resell the goods, or determine the damages that the buyer is liable for because of the breach of contract by determining Blank______ or Blank______. (Choose two correct answers)Multiple select question.the difference between the contract price and the market price at which the goods are currently sellingthe market price at which the goods are currently sellingthe "gross sales" the buyer lost when she did not go through with the contractthe “profit” the seller lost when the buyer did not go through with the contract
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