OFLTC Business Property Loss and Revenue Discussion

Question Description

I’m working on a business question and need the explanation and answer to help me learn.

Pamela Lee purchased a car from Mercedes-Benz USA, LLC (MBUSA). The car needed to be repaired an excessive number of times, so Lee lost the use of it. She also paid $7,300 for repairs not covered by the car’s warranty. That warranty included the statement “NO PAYMENT OR OTHER COMPENSATION WILL BE MADE FOR INDIRECT OR CONSEQUENTIAL DAMAGE SUCH AS, DAMAGE OR INJURY TO…PROPERTY OR LOSS OF REVENUE.” Lee sued and at trial the judge instructed the jury that Lee could recover consequenial damages even though MBUSA’s warrant excluded them. Was the exclusion of consequential damages unconscionable? [Lee v. Mercedes-Benz USA, LLC, 622 S.E.2d 361 (Ga. App.)]

Explanation & Answer:

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