A consumer who notifies the issuer of an EFT card within two (2) days after learning of
a loss or theft of the card can be held to a maximum liability of $500 for unauthorized
use of the card; failure to notify within this time will increase the consumer’s liability
for losses to a maximum of $5,000.
Any warranty that does not provide the complete protection of a full warranty is called
a warranty in breach.
Fran had a very rare, and therefore expensive, automobile that she wished to sell. Fran
worried that if the first attempt at selling the auto failed, the value of the auto might
come into question. To prevent any potential loss of profit if the auto needed to be
resold, Fran created a sales contract that provided for an estimation of damages should
the contract later be breached by the potential buyer. A potential buyer was found, and
the contract was signed. Later, because of a lack of sufficient financing, the buyer
breached the sales contract. Fran requested the estimated damages provided for in the
contract. The buyer refused, calling the clause unconscionable and excessive. Can Fran
recover?