Logourl black
From our private database of 14,100+ case briefs...

TeeVee Toons, Inc. v. Gerhard Schubert GmbH

United States District Court for the Southern District of New York
2006 WL243537 (2006)


Facts

Steve Gottlieb, the president of TeeVee Toons, Inc. (TVT) (plaintiff) invented the Biobox, a biodegradable cardboard package for audio and video cassettes. TVT entered a contract with Gerhard Schubert GmbH (Schubert) (defendant), a German company, to build a manufacturing system for the Biobox. The contract included a Terms and Conditions attachment. This attachment contained a provision that excluded the implied warranties of Article 35(2)(a)-(b) of the United Nations Convention on Contracts for the International Sale of Goods (CSIG). The attachment also contained a merger clause that specifically disclaimed any oral agreements. However, Schubert had made several statements to TVT to the effect that the Terms and Conditions attachment was for other deals and did not apply to the Biobox deal. Ultimately, Schubert was late delivering the Biobox manufacturing system, and the system operated poorly. TVT sued Schubert for, among other things, breach of the implied warranties contained in Article 35(2)(a)-(b) of the CSIG. Schubert moved for summary judgment, arguing that the Terms and Conditions provision in the attachment excluded any coverage under the CISG’s implied warranties. TVT responded that Schubert and TVT had an express oral understanding that the boilerplate Terms and Conditions provision was not part of the parties’ final agreement.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Casey, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 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.