Opinion

McGraw-Edison Co. v. Northeastern Rural Electric Membership Corp.

  • 678 N.E.2d 1120
  • 1997 Ind. LEXIS 41
  • 1997 WL 193780
Court
Indiana Supreme Court
Filed
Apr 22, 1997
Status
Published
Author
Shepard
On the bench
Boehm, Dickson, Selby, Shepard, Sullivan
Cited by
4 cases

holding that disclaimer in purchase agreement purportedly limiting seller’s liability was no defense to action under IPLA

How later courts described this case

  • holding that disclaimer in purchase agreement purportedly limiting seller’s liability was no defense to action under IPLA
  • disclaimer of strict liability held invalid under Indiana products liability statute

Written by the judges who cited it.

The opinion

SHEPARD, Chief Justice,

dissenting.

The common law and both the state and federal constitutions have always affirmed that individual citizens have the right to make contracts with each other and with business organizations. I think the suggestions in this case and in some other recent decisions that courts should not enforce the right of contract unless those making the contract are “truly large organizations” or “sophisticated” individuals wrongly depart from the way courts have viewed this part of American liberty — as a freedom that is available to all.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.