finding material alteration as a matter of law, and citing other cases finding alteration a legal question
How later courts described this case
- finding material alteration as a matter of law, and citing other cases finding alteration a legal question
- noting that, in some states, certain clauses have been held to constitute a material alteration of the contract as a matter of law
- a reliance on the prior course of dealings between the parties was misplaced because “[a]n exchange of identical forms on prior occasions does not, of itself, establish a common basis of understanding.”
- an Indiana court interpreting the identical section of the Uniform Commercial Code and considering a similar indemnification clause
Written by the judges who cited it.
The opinion
SHIELDS, Judge,
concurring in result.
I concur in the majority opinion to the extent it finds the indemnification clause is unconscionable and violates public policy.