BBQ, Inc., makes and sells grills to Grill Mart, a retailer, which sells one of the grills to Hope, a consumer. BBQ and Grill Mart include in their contracts a limitation on consequential damages for personal inju?ries arising from a breach of warranty. This is prima facie un?conscionable with respect to

Question

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The limitation on consequential damages for personal injuries arising from a breach of warranty is prima facie unconscionable with respect to Hope only, as it would prevent Hope from seeking damages for personal injuries caused by a defective grill. Both BBQ and Grill Mart have the bargaining power to negotiate the terms of their contract, but Hope has no bargaining power as a consumer. Therefore, such a limitation would be considered unconscionable and could be deemed unenforceable with respect to Hope.

BBQ, Inc, Makes and Sells Grills to Grill Mart, a Retailer