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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 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.
- 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.
- 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.
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