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Question
Chris hires Delta Corporation to inspect a house under a contract drafted by Delta that limits Delta's liability "from any cause" to half of its $400 fee. Delta's inspector passes the house, which Chris buys. Defects soon become apparent, requiring repairs costing $10,000. Chris files a suit against Delta. Under the decision in Case 3, Lucier v. Williams, the limitation-of-liability clause is most likelya. enforceable because at the time of the contract, the amount of liability was difficult to determine and the limit is reasonable.
b. enforceable because both parties agreed to it.
c. unenforceable because at the time of the contract, the amount of liability was too difficult to determine.
d. unenforceable because the clause allows Delta to avoid almost all responsibility for its negligence.
Answer
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