Legal Opinion

Walker v. BuildDirect.com Technologies, Inc.

Supreme Court of Oklahoma

Decided May 5, 2015No. 112,075PublishedCited by 26 opinions

1Opinion of the CourtColbert, J.

¶ 1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when the contract states that it is "subject to" the seller's "Terms of Sale" but does not specifically reference the website?

In response, this Court holds that a contract must make clear reference to the extrinsic document to be…

2Cases cited17 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Cooper v. FlesnerSupreme Court of Oklahoma · 1909
  3. Thompson v. Bar-S Foods Co.Supreme Court of Oklahoma · 2007
  4. Phillips v. Estate of GreenfieldSupreme Court of Oklahoma · 1993
  5. Miller v. First National Bank & Trust Co.Supreme Court of Oklahoma · 1981

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3Cited by26 opinions

  1. Tufaro v. Board of Regents of the University of OklahomaCourt of Appeals for the Tenth Circuit · 2024
  2. McGINNITY v. KIRKSupreme Court of Oklahoma · 2015
  3. Philippe Calderon v. Sixt Rent A Car, LLCCourt of Appeals for the Eleventh Circuit · 2024
  4. Najera v. David Stanley Chevrolet, Inc.Court of Civil Appeals of Oklahoma · 2017
  5. CROWN ENERGY COMPANY v. MID-CONTINENT CASUALTY CO.Supreme Court of Oklahoma · 2022

21 more not listed; retrieve them via the Exa API.

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