O'Keeffe v. Sch. Comm. of Bos.

How courts have described this case

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

• arguing that the economic loss doctrine should apply to both negligence and strict liability claims
• noting that Adams and Koehring Co. belong to a family of cases supporting the proposition that a limited remedy's failure \does remove from the contract the bar to the recovery of consequential damages\
• noting that Adams and Koehring Co. belong to a family of cases supporting the proposition that a limited remedy’s failure “does remove from the contract the bar to the recovery of consequential damages”
• analyzing California’s essential-purpose analog and holding that “the inability to cure substantial defects” 20 in a tunnel-boring machine indicated “that the repair remedy so failed”
• “The seller ... did not ignore his obligation to repair; he simply was unable to perform it”
• \Parties of relatively equal bargaining power negotiated an allocation of their risks of loss. ... The machine was a complex piece of equipment designed for the buyer's purposes.\

Source: CourtListener parenthetical corpus (CC0).