Question

Edie, who has no business experience, decides to open E.D.'s Storage. Frank, an experienced architect, designs a warehouse for Edie under a contract drafted by Frank that limits his liability "for any mistakes" to his fee. When the warehouse collapses due to a design error, Edie files a suit against Frank. Like the situation in Case 18.3, Lucier v. Williams, this limitation-of-liability clause is most likely
a. enforceable because at the time of the contract, mistakes were too difficult to foresee and the limit is reasonable.
b. enforceable because both parties agreed to it.
c. unenforceable because at the time of the contract, mistakes were too difficult to foresee.
d. unenforceable because Frank prepared the contract and the parties had unequal bargaining power.

Answer

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