Babcock & Wilcox Co. v. Hitachi America, Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the parties’ further negotiations after the quotation on such issues as liquidated damages and the price of the catalyst indicated that the quotation was not an offer
• “the issue of conspicuousness is a matter of law and thus is for decision by the court.”
• exclusion not sufficiently conspicuous because heading appears in same fine print as the remainder of the text, there is no subheading specifically related to limiting the remedy or liability and the language of the limitation is in the same fine print

Source: CourtListener parenthetical corpus (CC0).