McCarty v. E. J. Korvette, Inc.

How courts have described this case

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

• exclusion of consequential damages for personal injury and property damage in warranty accompanying sale of automobile tires unconscionable, though not prima facie so
• tire guaranty against all raod hazards an express warranty; is an affirmation of fact regarding the tire's existing qualities and capabilities
• contractual limitation of consequential damages for injury to person and property due to breach of warranty on consumer goods is unconscionable under Uniform Commercial Code and common law
• damages limitation clause cannot convert express warranty into promise to replace
• damages limitation clause cannot convert express warranty into promise to replace
• express warranty cannot later be negatived

Source: CourtListener parenthetical corpus (CC0).