Problem.Drafting.Exclusion of consequential damages

     Read the clause limiting the liability of Selas Corporation of America in its contract with Milgard Tempering, Inc. Redraft the clause in two ways:  (1) assume that you represented Selas in its initial negotiations with Milgard and that your client wanted the contract to reflect an agreement that Milgard could not recover any consequential damages even if the repair or replacement remedy failed of its essential purpose; (2) assume that you represented Milgard in its initial negotiations with Selas and that your client wanted the contract to reflect an agreement that Milgard could recover consequential damages if the repair or replacement remedy failed of its essential purpose. 

     Now assume that the contract between Milgard and Selas included the clause you have just drafted in your role as lawyer for Selas.  Would that clause have changed the result in  Milgard Tempering, Inc. v. Selas Corporation of America?