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If the Parties Do Not Agree to Liquidated Damages, Does

Question 33

Multiple Choice

If the parties do not agree to liquidated damages, does the UCC provide for them?


A) Yes, the non-breaching seller may claim against a breaching buyer 20 percent of the purchase price or $500, whichever is less, as liquidated damages.
B) Yes, the non-breaching seller may claim against a breaching buyer 20 percent of the purchase price or $500, whichever is more, as liquidated damages.
C) Yes, the non-breaching seller may claim against a breaching buyer 30 percent of the purchase price or $1,000, whichever is less, as liquidated damages.
D) Yes, the non-breaching seller may claim against a breaching buyer 30 percent of the purchase price or $1,000, whichever is more, as liquidated damages.
E) No, because liquidated damages are unavailable under the UCC unless the parties have expressly agreed to them.

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