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Moreno Company contracted with a common carrier to have goods transported that she had sold to a customer FOB destination. The contract between the common carrier and Moreno specified in clear terms that liability of the common carrier is limited to $100 per shipment unless a higher limit is chosen by paying more. Moreno did not select a higher limit. The goods, worth $900, were destroyed in transit. Which of the following is not true? A. The common carrier is liable for $100 at most but may be liable for no damages. B. The clause limiting liability to a $100 limit is invalid as against public policy. C. If the cause of the loss was a flood, the common carrier is not liable for any damages. D. If the goods were damaged because Moreno improperly packaged the goods, the common carrier is not liable for any damages. |