Citizens Insurance Co. of America v. Proctor & Schwartz, Inc.

How courts have described this case

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

• “[W]here the remedy prescribed in a limitation of liability clause is necessarily illusory, failing of its essential purpose, the clause may be held unconscionable.”
• “[A] determination of unconscionability cannot be made with respect to the subject provision based on its ‘substantive’ content alone, but must be premised upon the ‘procedural’ factors.”

Source: CourtListener parenthetical corpus (CC0).