Logourl black
From our private database of 14,200+ case briefs...

A & M Produce Co. v. FMC Corp.

California Court of Appeal
186 Cal.Rptr. 114 (1982)


Facts

A & M Produce Co. (A&M) (plaintiff) was a farm. A&M wanted to begin farming tomatoes. A&M solicited a bid from FMC Corp. (FMC) (defendant) for the necessary equipment. A&M signed FMC’s form contract that disclaimed warranties and consequential damages. FMC delivered the equipment, and A&M began to use the machinery to pick tomatoes. The machinery did not work properly and left A&M with a failed crop. FMC refused to give A&M a refund. A&M sued FMC for breach of warranty. The trial court held that the form-contract provisions disclaiming warranties and consequential damages were unconscionable, and excluded the disclaimers from the jury’s consideration. The jury returned a verdict in favor of A&M. FMC appealed, arguing the trial court erred in holding the disclaimers were unconscionable.

Rule of Law

Issue

Holding and Reasoning (Wiener, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.