Imagine that you see the following clause in a contract that you are about to sign as Contractor:

The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes:

• damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and
• damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

Which of the following is completely true if the parties wish to avoid a dispute later?

• A. Inclusion of this clause is better than silence on the issue of consequential damages AND this clause would be improved if the parties, in addition to specifying what constitutes consequential damages, would also specify what constitutes direct damages.
• B. Inclusion of this clause is better than silence on the issue of consequential damages AND this clause would be improved if the parties did not specify what constitutes consequential damages.
• C. The Owner and Contractor would be better off remaining silent on the issue of consequential damages AND they should instead include only a liquidated damages clause.

Imagine that an engineer is sued for the tort of negligence while providing professional services. Which of the following best describes how "duty" will be analyzed?

• A. An objective standard - An engineer's duty is to act as any reasonable person would act in similar circumstances.
• B. An objective standard - An engineer's duty is to act as any reasonable engineer would act in similar circumstances?
• C. A subjective standard - What matters is that the engineer him/herself believes that he or she is doing the best job possible.
• D. A universal standard - What Would Beyonc Do?