Estey v. MacKenzie Engineering Inc.

How courts have described this case

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

• ruling that limitation of liability provision in home inspection contract did not operate to limit home inspector's liability or bar home buyer's negligence claim where clause did not unequivocally express home purchaser’s intent to limit home inspector’s liability
• noting that “harsh results” inquiry “focuses on the nature of the parties’ obligations and expectations under the contract”
• applying the U.C.C. definition of “conspicuous” to a case not governed by the U.C.C.
• construing ambiguous contract clause purporting to limit negligence liability against drafter
• limitation on “liability” that did not refer to negligence was insufficient because it could reasonably be interpreted as only limiting company’s liability for other kinds of wrongs
• clause providing that liability was limited “to the Contract Sum” of $200 did not clearly and unequivocally express an intent to limit negligence liability to contract sum

Source: CourtListener parenthetical corpus (CC0).