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belleej belleej
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6 years ago
Limitation of Remedies. Wilk Paving, Inc, bought a street-paving asphalt roller from Southworth-Milton, Inc In large capital letters, on the front of the contract, was printed, ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE. A clause on the back stated that under no circumstances shall seller . . . be held liable for any . . . consequential damages. In a hurry to close the deal, Wilk's representative did not notice this clause, and Southworth's representative did not call attention to it. Within sixty days, the roller needed the first of what became continuous repairs for mechanical problems. Wilk asked Southworth for its money back. When Southworth refused, Wilk sued Southworth, seeking the purchase price and consequential damages. Was the clause limiting damages enforceable in these circumstances? Explain.
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acuda5acuda5
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6 years ago
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