A & M Produce Co. v. FMC Corp.
Court of Appeal of California, Fourth District, Division One
186 Cal. Rptr. 114 (1982)
Relevant factsFree
A&M Produce Co. (plaintiff), a farming operation, bought equipment from FMC Corp. (defendant) under a form contract that disclaimed warranties and barred consequential damages. The equipment malfunctioned and A&M's crop failed. When FMC refused a refund, A&M sued for breach of warranty, challenging the disclaimers as unconscionable.
IssueFree
Whether a contract provision may be unenforceable as unconscionable where the term was adopted through an unfair process and unreasonably favors one party.