Schurtz v. BMW of North America

814 P.2d 1108 (1991)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Schurtz v. BMW of North America

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

Play video

Facts

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

Issue

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 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 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
  • 46,300 briefs - keyed to 988 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

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms