Friday, March 23, 2012

Hunt v. Perkins Machinery Co., Inc. case brief

Hunt v. Perkins Machinery Co., Inc.; (SJC of MA, 1967); CB 499; Notes 43
Conspicuous Warranty Disclaimer UCC § 2-316(2)
  • Facts: D buys engine from P for boat; engine develops problems. P had miniture statement on back of K that said P made no warranties for the engine. Cause of action: breach of implied warranty of merchantability; breach of implied fitness for a particular purpose.
  • Issue: To what extent does the seller have to bring the disclaimer to the buyer for it to be relevant?
  • Rule: UCC demands that exclusion be conspicuous and in writing. 2-316. Where exceptions to warranty not conspicuously present in instrument of sale, limit on warranties cannot bar action for breach of K.
  • Holding: There is a fairly high standard of conspicuousness in bringing the disclaimer to the attention of the buyer. No attention was drawn to the back where the disclaimer was located; not conspicuous and therefore not enforceable.

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