The UCC identifies a number of remedies that are available to either nonbreaching sellers or nonbreaching buyers in the event of a contractual dispute. Generally, the UCC remedies are intended to put a nonbreaching party in as good a position as he or she would have been in if the other party had fully performed.

1. Describe three approaches or backstops that serve to limit or bar remedies otherwise available to the parties in the event of a contractual dispute. For each limitation or bar to a remedy, provide an example of how the limitation may fail or not be enforced by a court.
2. Should the courts highly scrutinize contracts for consumer goods between a merchant and a consumer that contain a limitation on consequential damages? If so, explain why courts should scrutinize these contractual provisions.