Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Schurtz v. BMW of North America

Utah Supreme Court
814 P.2d 1108 (1991)


Hugh Schurtz (plaintiff) purchased a vehicle from BMW of North America (BMW) (defendant). The vehicle came with a limited warranty that gave BMW the sole discretion to repair or replace the vehicle. Additionally, the warranty disclaimed incidental and consequential damages for any breach of the warranty. Schurtz experienced problems with his vehicle and BWM refused to repair or replace the car. Schurtz filed suit for breach of the warranty seeking damages, including incidental and consequential damages. Schurtz argued that under Utah law, where a warranty fails its essential purpose then a provision excluding incidental and consequential damages is invalid. Conversely, BMW argued that a provision excluding incidental and consequential damages only fails when it is unconscionable. The trial court upheld the provision excluding incidental and consequential damages granting BMW’s partial motion for summary judgment. Schurtz appealed.

Rule of Law


Holding and Reasoning (Zimmerman, J.)

Concurrence/Dissent (Stewart, 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 457,000 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial