Legal Opinion
Chatlos Systems, Inc. v. National Cash Register Corp.
Court of Appeals for the Third Circuit
Decided November 26, 1980No. Nos. 80-1011, 80-1012PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity case governed by the Uniform Commercial Code, the district court assessed damages for breach of warranty after finding that the seller’s failure to timely program a computer system caused a contractual remedy to fail of its essential purpose. Despite an express provision in the agreement prohibiting recovery of consequential damages, the court also made an award for such losses. Although we accept the determination on the failure of the contractual remedy, we do not agree that the disclaimer of consequential damages is ineffective as a…
2Cases cited6 opinions
- S. M. Wilson & Company v. Smith International, Inc.Court of Appeals for the Ninth Circuit · 1978
- Soo Line Railroad Company v. Fruehauf CorporationCourt of Appeals for the Eighth Circuit · 1977
- Beal v. General Motors CorporationDistrict Court, D. Delaware · 1973
- L. Glen Riley v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1971
- Chatlos Systems, Inc. v. National Cash Register Corp.District Court, D. New Jersey · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORP., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Cooley v. Big Horn Harvestore Systems, Inc.Supreme Court of Colorado · 1991
- Moscatiello v. Pittsburgh Contractors Equipment Co.Superior Court of Pennsylvania · 1991
- Argo Welded Products, Inc. v. J. T. Ryerson Steel & Sons, Inc.District Court, E.D. Pennsylvania · 1981
- City Nat. Bank of Charleston v. WellsWest Virginia Supreme Court · 1989
25 more not listed; retrieve them via the Exa API.