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.