Ford Motor Co. v. Moulton
Supreme Court of Tennessee
511 S.W.2d 690 (1974)
Relevant factsFree
The Moultons (plaintiffs) bought a car from Ford (defendant) under a sales contract disclaiming all implied warranties but including a one-year, 12,000-mile express warranty. After Charles Moulton suffered serious injuries when the car suddenly veered off the road, the Moultons sued for breach of express and implied warranties; the trial court dismissed the claims based on the disclaimers, and the court of appeals affirmed.
IssueFree
Whether properly drawn disclaimers of the implied warranties of merchantability and fitness for a particular purpose can be considered unconscionable based on their limitation of consequential damages.