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

Comments

The final publication is available at www.degruyter.com.

Center/Program

Center for Contract and Economic Organization

Center/Program

Center for Law and Economic Studies

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