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

question 5

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 limitations of remedies clause which limited the buyer's remedies to the $50.00 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 such shrinkwrap limitations of remedies clauses are generally unenforceable.
• C) Bob loses because the court will likely view the limitations of remedies clause as conscionable and enforceable.
• D) Bob loses because the disclaimer is effective.

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