From our private database of 15,100+ case briefs...

Babcock & Wilcox Co. v. Hitachi America, Ltd.

United States District Court for the Northern District of Ohio
406 F. Supp. 2d 819 (2005)

Facts

The Babcock & Wilcox Company (B&W) (plaintiff) contracted with Hitachi America, Ltd. (Hitachi) (defendant) for the design and manufacturing of an emissions-reduction system for B&W’s coal-fired electrical power plant. This system was known as the Selective Catalytic Reduction System (SCR system). B&W and Hitachi had begun negotiating in June 1999, when B&W sent Hitachi a request for a quotation for the SCR system. Several proposals were exchanged through December 1999. On December 9, 1999, Hitachi sent B&W a detailed proposal that included specific terms, such as price and warranties. B&W and Hitachi continued to negotiate several terms, including price. These terms were settled in June 2000, and B&W issued a purchase order to Hitachi on June 15, 2000. The purchase order stated that it was an offer rather than an acceptance and contained additional warranties that were more extensive than the warranties contained in the December 1999 proposal. Hitachi delivered the SCR system, but B&W experienced issues with the equipment. Hitachi did not correct the issues, and B&W sued Hitachi for breach of contract. B&W and Hitachi disputed whether the June 2000 purchase order was an acceptance of the December 1999 proposal or an offer. B&W and Hitachi both moved for summary judgment on the issue of the terms of the contract.

Rule of Law

Issue

Holding and Reasoning (Gwin, 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 289,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,100 briefs, keyed to 205 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.

Here's why 289,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 15,100 briefs - keyed to 205 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.