Question

49. "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. with a retailer Reliable Computer

Answer 1

Option (b)

REASON: The terms of sales contract strictly mention that the company is not liable for any consequential damages suffered by any consumer as a result of using the power tools purchased from them.

This statement states that, no matter what incident takes place, TFY is not liable to pay any compensation to the consumer.

In the above case study,

Harry is a CONSUMER. He bought that table saw for his personal use, i.e., he agreed to the terms of the sales contract, and thus, accordingly has no right to enforce the consequential damages provision on the company.