From our private database of 14,200+ case briefs...
Ionics, Inc. v. Elmwood Sensors, Inc.
United States Court of Appeals for the First Circuit
110 F.3d 184 (1997)
Ionics, Inc. (Ionics) (plaintiff) manufactures water dispensers. On several occasions, Ionics purchased thermostats from Elmwood Sensors, Inc. (Elmwood) (defendant) to place in the water dispensers. After each purchase, Ionics sent Elmwood a purchase order describing the remedies available to Ionics in the event of breach, as well as a statement that unless Elmwood objected to these terms in writing, the terms would become part of the contract. After receiving each purchase order, Elmwood sent Ionics an “acknowledgement” saying that it rejected any additional terms proposed by Ionics. Additionally, Elmwood limited its liability for damages resulting from use of its thermostats. Elmwood stated that this language constituted a “counteroffer” that would be deemed to have been accepted by Ionics unless rejected in writing within 10 days. Several of Elmwood’s thermostats placed in Ionics’ water dispensers malfunctioned and caught fire, causing damage to Ionics’ customers. Ionics brought suit in federal district court against Elmwood. Elmwood argued that Ionics accepted its “counteroffer” limiting Elmwood’s liability for damages. Elmwood moved for partial summary judgment. The trial court denied Elmwood’s motion for partial summary judgment, and Elmwood appealed.
Rule of Law
Holding and Reasoning (Torruella, C.J.)
What to do next…
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.
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 237,000 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.