Brown v. Soh’s Empirical Analysis
2006
Citation profile
2 district · 33 state decisions
Relationships
Relies on 60 Cal. 2d 92 - Tunkl v. Regents of University of California · Breen v. Phelps · CFM of Connecticut, Inc. v. Chowdhury · State v. Salmon · Durniak v. August Winter & Sons, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[1] [The transaction] concerns a business of a type generally thought suitable for public regulation. [2] The party seeking exeulpation is engaged in performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public. [3] The party holds himself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards. [4] As a result of the essential nature of the service, in the economic setting of the transaction, the party invoking exeulpation possesses a decisive advantage of bargaining strength against any member of the public who seeks his services. [5] In exereising a superior bargaining power the party confronts the public with a standardized adhesion contract of exeul-pation, and makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negli-genee. [6] Finally, as a result of the transaction, the person or property of the purchaser is placed under the control of the seller, subject to the risk- of carelessness by the seller or his agents."”
1 later decision quote this exact passage“Although it is well established that parties are free to contract for whatever terms on which they may agree ... it is equally well established that contracts that violate public policy are unenforceable.... [T]he question [of] whether a contract is against public policy is [a] question of law dependent on the circumstances of the particular case, over which an appellate court has unlimited review.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.