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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.

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