Friday, March 23, 2012

Idaho Power Co v Westinghouse case brief

 Idaho Power Co v Westinghouse (9th Cir., 1979); Supp 131; Notes 53
    Last shot rule
  • Terms: Idaho Power sends inquiry to Westinghouse for the price of regulator. Westinghouse sends back their quote with terms on forms (with limitation language). Idaho Power sends a purchase order to Westinghouse with their terms (no limited liability) on the forms.
  • Breach: Westinghouse delivers regulators; regulators cause a fire. The Westinghouse price quote contains liability limitations so they claim no liability.
  • Issue: whose terms govern the agreement?
  • Holding: common law rules.
  • Mirror image rule: Ps request an invitation for an offer, Ds quote the original offer, Ps purchase order does not mirror the offer so cannot be acceptance, it is a counteroffer. D ships equipment which constitutes acceptance of Ps counteroffer.
  • Last shot rule: the last document prior to performance is what governs the terms of the agreement.

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