1. On what grounds did the court determine that Transport Corporation was not entitled to money damages? What should the plaintiff have done to better protect itself?
2. While it is common for businesses to limit damages, as IBM did in this case, the UCC makes it unconscionable (shocking to the conscience) to limit damages for personal injury in the sale of products to consumers. So, for example, Ford could not give a warranty that limited its responsibility for injuries caused by a defect in one of its vehicles. Does it seem fair to distinguish consumer from commercial transactions in this way? To allow courts to “rewrite” a deal that two parties freely entered?

  • CreatedSeptember 11, 2015
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