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#1 Steve Morell sold a used tractor to James Tracy for $12,500, and Tracy signed a promissory note agreeing to make monthly payments. After Tracy
#1 Steve Morell sold a used tractor to James Tracy for $12,500, and Tracy signed a promissory note agreeing to make monthly payments. After Tracy heard that Morell had been arrested for receiving stolen farm equipment, he stopped making payments and asked the sheriff to find out whether the tractor he had bought was stolen. The tractor's identification number had been altered, so the only way to determine whether the tractor was stolen was to dismantle it to find the valid number in the engine. The prosecutor found the cost of doing so was prohibitive. A tractor with an altered identification number could not be knowingly or intentionally sold legally. Tracy sued Morell, and Morell counterclaimed for the balance due on the note. Should Tracy be able to rescind the sale? [Tracy v. Morell, 948 N.E.2d 855 (Ind. Ct. App.)] #2 Pamela Lee purchased a car from Mercedes-Benz USA, LLC (MBUSA). The car needed to be repaired an excessive number of times, so Lee lost the use of it. She also paid $7,300 for repairs not covered by the car's warranty. That warranty included the statement "NO PAYMENT OR OTHER COMPENSATION WILL BE MADE FOR INDIRECT OR CONSEQUENTIAL DAMAGE SUCH AS, DAMAGE OR INJURY TO... PROPERTY OR LOSS OF REVENUE." Lee sued, and at trial the judge instructed the jury that Lee could recover consequential damages even though MBUSA's warranty excluded them. Was the exclusion of consequential damages unconscionable? [Lee v. Mercedes-Benz USA, LLC, 622 S.E.2d 361 (Ga. Ct. App.)]
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