Document Type
Article
Publication Date
2018
DOI
https://doi.org/10.1515/jtl-2017-0030
Abstract
In the landmark case of MacPherson v. Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v. Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case involving physical injury. This suggests a puzzle: if it were so easy for firms to contract out of liability, did MacPherson accomplish anything?
Disciplines
Business Organizations Law | Contracts | Law | Law and Economics | Torts
Center/Program
Center for Contract and Economic Organization
Center/Program
Center for Law and Economic Studies
Recommended Citation
Victor P. Goldberg,
The MacPherson-Henningsen Puzzle,
11
J. Tort L.
145
(2018).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2050
Included in
Business Organizations Law Commons, Contracts Commons, Law and Economics Commons, Torts Commons
Comments
The final publication is available at www.degruyter.com.