Delta Air Lines, Inc. v. Douglas Aircraft Co.

How courts have described this case

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

• applying California law, language broad enough to include claim for post-delivery negligence
• exculpatory clause did not result from inequality of bargaining power
• exculpatory clause did not result from inequality of bargaining power
• between parties of equal bargaining strength, risk of loss for defective product should be borne by buyer who, as a matter of business judgment, accepted risk associated with bargained-for price; rather than on seller, who neither agreed to bear loss nor was compensated for it
• between parties of equal bargaining strength, risk of loss for defective product should be borne by buyer who, as a matter of business judgment, accepted risk associated with bargained-for price; rather than on seller, who neither agreed to bear loss nor was compensated for it

Source: CourtListener parenthetical corpus (CC0).