Coursey v. Caterpillar, Inc.
United States Court of Appeals, Sixth Circuit
64 F.3d 662 (1995) (Unpublished)
Relevant factsFree
Coursey (plaintiff) bought a tractor from Caterpillar (defendant) under a contract with an express warranty for repair and replacement of parts, but also excluding Caterpillar from liability for consequential damages; Coursey used the repair-and-replace remedy multiple times but sued arguing the consequential-damages exclusion itself was unconscionable, and the trial court granted Caterpillar summary judgment.
IssueFree
Whether, in seeking to void a commercial contract because it is unconscionable, the buyer must prove the existence of both procedural and substantive factors showing unconscionability.
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