SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Barnett
Step-Saver Data Systems v. Wyse Technology
Citation:
939 F.2d 91 (3rd Cir. 1991)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Step-Saver was in the business of combining hardware and software for the offices of physicians and lawyers.
After developing a multi-user system, Step-Saver selected a TSL program to serve as the operating system and selected certain terminals manufactured by Wyse. Step-Saver would place orders with TSL, and TSL would accept such orders over the phone and then follow up with a purchase order detailing the items to be purchased, their price, shipping, and payment terms. Each shipment contained an invoice that contained terms essentially identical with those on the purchase order without any disclaimer of any warranties. However, printed on each copy of the program was a copy of a box-top license that disclaimed essentially all express and implied warranties, limited remedy to replacement of any defective disks, and stated that opening the package indicates acceptance of those terms.
Step-Saver almost immediately began to receive complaints after installing over 140 systems with at least twelve of its customers filing suit against Step-Saver based on those problems.
Step-Saver sued TSL and Wyse for breach of warranty.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
19m 28s
8m 21s
8m 27s
