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Asked by Tareq Hamad on Apr 25, 2024

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Snee, a consumer, agrees to buy an exercise machine from Treadmills Inc. Their contract excludes consequential damages for personal injuries resulting from the use of the device. This exclusion is

A) presumably unconscionable.
B) not unconscionable because any loss would be commercial in nature.
C) reasonably foreseeable and therefore meets its essential purpose.
D) permissible because the buyer can pursue other remedies.

Consequential Damages

Financial losses that result indirectly from a breach of contract, beyond the immediate scope of the agreement.

Personal Injuries

Harm suffered by an individual to their body, mind, or emotions, as opposed to damage to property.

Contract Excludes

Specific provisions or clauses within a contract that explicitly nullify the inclusion of certain terms, rights, or obligations.

  • Understand the concept and implications of unconscionability in contractual agreements.
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Verified Answer

RB
Rhett Brooks5 days ago
Final Answer :
A
Explanation :
Excluding consequential damages for personal injuries in a consumer contract, especially for a product like an exercise machine which has a high potential for causing personal injury if defective, is generally considered unconscionable. This is because it puts the consumer at a significant disadvantage, denying them compensation for potentially serious injuries.

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