Freedom of contract under the UCC: the ability of software vendors to exclude recovery of consequential damages
Article Abstract:
Courts have not consistently allowed software vendors to exclude recovery of consequential damages in contracts with purchasers. This lack of consistency subverts UCC 2-719's guarantee of liberty of contract. UCC 2-719 allows limited remedies like the repair and replace warranty after a breach of warranty occurs. A remedy's 'failure of essential purpose' renders it unconscionable for the vendor to exclude recovery of damages. Disallowing only damages exclusions which are unconscionable under UCC 2-302 would promote consistency and ensure adequate freedom of contract for vendors.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1992
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Limits on standard-form contracting in Revised Article 2
Article Abstract:
This article examines how Revised Article 2 of the Uniform Commercial Code has changed the law regarding the use of standard-form contracts in which one party is a merchant and the other is a consumer. Relevant points include changes in the law of assent in consumer transactions.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1999
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Past, present and future of the "basis of the bargain" language of UCC section 2-313
Article Abstract:
The author discusses the interpretive problems which have existed with UCC section 2-313 and its predecessor section 12 of the Uniform Sales Act. These provisions concern the creation of express warranties by language or acts which become part of the 'basis of the bargain.'
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 2000
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