Sklar,an accountant,purchased two computers from Wiz Corp.Sklar discovered material defects in the computers 10 months after taking delivery.Three years after discovering the defects,Sklar commenced an action for breach of warranty against Wiz.Wiz raised the statute of limitations as a defense.The original contract between Wiz and Sklar contained a conspicuous clause providing that the statute of limitations for breach of warranty actions would be limited to 18 months.Under the circumstances,Sklar will:
A) win because the action was commenced within the four-year period as measured from the date of delivery.
B) win because the action was commenced within the four-year period as measured from the time he discovered the breach or should have discovered the breach.
C) lose because the clause providing that the statute of limitations would be limited to 18 months is enforceable.
D) lose because the statute of limitations is three years from the date of delivery with respect to written contracts.
Correct Answer:
Verified
Q38: Justin agrees to start a life-size portrait
Q39: Kyle promised to mow Heidi's lawn for
Q40: Roe promises to build a house for
Q41: Adrienne contracted to convey real estate to
Q42: Damages that are agreed upon at the
Q44: Winston contracts to sell a plot of
Q45: Price signed a contract to sell Wyatt
Q46: Someone who attempts to recover for breach
Q47: Maria and Joe entered into a contract
Q48: Which of the following characterizes the statute
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents