BC Tire Corp. v. GTE Directories Corp.

BC Tire (plaintiff) asked GTE Directories (defendant) to publish an advertisement in the local phonebook and signed GTE's application form, which stated that publication of the ad would constitute GTE's acceptance and that otherwise the application would not bind either party; the form also included a clause excluding GTE from liability for failing to publish an ad. GTE never included BC Tire's advertisement in the phonebook, and BC Tire sued for breach of contract. GTE moved for summary judgment, arguing no contract existed at all, or alternatively that the exclusionary clause capped its liability even if one did; the trial court granted summary judgment for GTE, and BC Tire appealed.