MARVIN MANDEL, Governor

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(2)    Where circumstances cause an exclusive or
United remedy to fail of its essential purpose, remedy
may be had as provided in TITLES 1 THROUGH 10 OF this
article.

(3)    Consequential damages may be United or
excluded unless the limitation or exclusion is
unconscionable. Limitation of consequential damages for
injury to the person in the case of consumer goods is
prima facie unconscionable but limitation of damages
where the loss is commercial is not.

2—720. Effect of "cancellation" or "rescission" on
claims for antecedent breach.

Unless the contrary intention clearly appears,
expressions of "cancellation" or "rescission" of the
contract or the like shall not be construed as a
renunciation or discharge of any claim in damages for an
antecedent breach.

2—721. Remedies for fraud.

Remedies for material misrepresentation or fraud
include all remedies available under this [subtitle]
TITLE for non—fraudulent breach. Neither rescission or
a claim for rescission of the contract for sale nor
rejection or return of the goods shall bar or be deemed
inconsistent with a claim for damages or other remedy.

2—722. Who can sue third parties for injury to goods.

Where a third party so deals with goods which have
been identified to a contract for sale as to cause
actionable injury to a party to that contract

(a)   A right of action against the third party
is in either party to the contract for sale who has title
to or a security interest or a special property or an
insurable interest in the goods; and if the goods have
been destroyed or converted a right of action is also in
the party who either bore the risk of loss under the
contract for sale or has since the injury assumed that
risk as against the other;

(b)    If at the time of the injury the party
plaintiff did not bear the risk of loss as against the
other party to the contract for sale and there is no
arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest,
as a fiduciary for the other party to the contract;

(c)    Either party may with the consent of the
other sue for the benefit of whom it may concern.