Wedner v. Fidelity Security Systems, Inc.

Wedner (plaintiff), a fur retailer, contracted with Fidelity (defendant) for burglary alarm services under a clause capping Fidelity's liability, however labeled liquidated damages, at Wedner's annual service fee; when Fidelity's negligence in responding to an alarm led to a $46,180 burglary loss, the trial court found Fidelity liable but limited damages to $312 under the contract clause, and Wedner appealed.

Whether a contract provision between commercial businesses that limits a party's recovery for liability is enforceable absent evidence of unconscionability.