· 11/10/1992
Adams v. American Cyanamid Co.
Citations
- 498 N.W.2d 577
- 1 Neb. Ct. App. 337
- 21 U.C.C. Rep. Serv. 2d (West) 962
- 1992 Neb. App. LEXIS 268
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \the requirement of § 2-316(2) that a disclaimer of warranty of merchantability be conspicuous also applies to limitations of remedies\ under § 2 -719
- finding that a limitation of remedies provision on a herbicide label was unconscionable
- finding provision procedurally unconscionable because its importance was not understandable to a layperson and would “permit the defendant to escape all consequential responsibility” and leave the plaintiff without “substantial recourse for his loss”
- looking to the parties’ prior course of dealing to determine procedural unconscionability
- farmers’ claim against herbicide manufacturer for crop loss concerned consequential damages rather than direct damages
- label on herbicide disclaiming warranties was conspicuous even though disclaimer label appeared in owner’s manual where disclaimer heading was displayed prominently and disclaimer was sufficiently set off from other materials
Source: CourtListener parenthetical corpus (CC0).
Judges: Sievers, Connolly, Miller-Lerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.