Bob,an Attorney,purchased Licensed Software from Bill Able Inc

question 44

Multiple Choice

Bob,an attorney,purchased licensed software from Bill Able Inc.to prepare his clients' invoices online.The shrinkwrap packaging for the program disks and the software manuals contained a limitation of remedies clause,which limited the buyer's remedies to the $50 purchase price of the software.Bob later discovered that his invoices for the past year were too low due to a malfunction in the software,costing him over $10,000 in lost revenue.Bob sues Bill Able Inc.for breach of warranty.What is the likely result?

• A)Bob wins because he has equal bargaining power with Bill Able,Inc.
• B)Bob wins because a shrinkwrap's limitation of remedies clause is generally unenforceable.
• C)Bob wins because the court will likely view the limitation of remedies clause as unconscionable and unenforceable.
• D)Bob loses because the disclaimer is effective.

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Definitions:

Negative Punishment

A decrease in behavior that results from a removed consequence.

Skinnerian Principles

Behavioral principles based on the work of B.F. Skinner, emphasizing the effects of reinforcement and punishment on behavior.

Aggressive Behavior

Actions meant to harm or intimidate others, driven by feelings of anger and hostility.

Negative Reinforcement

A behavioral principle where the removal of an undesirable or unpleasant outcome after the display of a behavior increases the likelihood of the behavior being repeated in the future.