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Question
"Tool For You" (TFY) is a company that sells power tools to consumers. The sales contract of TFY states that TFY will not be liable for any consequential damages that the consumer suffers as a result of using power tools purchased from them. Harry purchased a table saw from TFY for use in his hobby of woodworking. Harry was injured when the saw blade flew off. He wants to sue TFY but is not sure whether the contract provision limiting consequential damages will be enforced and seeks your opinion. Will he succeed?
A. No, because this was a sale of a potentially dangerous product.
B. No, because Harry is a consumer.
C. Yes, because Harry agreed to this provision in the contract of sale.
D. Yes, because the UCC allows parties to agree to limitations on damages.
Answer
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