{"title":"The MacPherson-Henningsen Puzzle","authors":"Victor P. Goldberg","doi":"10.2139/SSRN.3022224","DOIUrl":null,"url":null,"abstract":"Abstract In the landmark case of MacPherson v. Buick, an automobilecompany was held liable for negligence notwithstanding a lack of privity withthe injured driver. Four decades later, in Henningsenv. Bloomfield Motors, the court held unconscionable the standard automobilecompany warranty which limited its responsibility to repair and replacement,even in a case involving physical injury. This suggests a puzzle: if it were soeasy for firms to contract out of liability, did MacPherson accomplish anything?","PeriodicalId":39054,"journal":{"name":"Journal of Tort Law","volume":"11 1","pages":"145 - 156"},"PeriodicalIF":0.0000,"publicationDate":"2017-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Tort Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.3022224","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract In the landmark case of MacPherson v. Buick, an automobilecompany was held liable for negligence notwithstanding a lack of privity withthe injured driver. Four decades later, in Henningsenv. Bloomfield Motors, the court held unconscionable the standard automobilecompany warranty which limited its responsibility to repair and replacement,even in a case involving physical injury. This suggests a puzzle: if it were soeasy for firms to contract out of liability, did MacPherson accomplish anything?
期刊介绍：
The Journal of Tort Law aims to be the premier publisher of original articles about tort law. JTL is committed to methodological pluralism. The only peer-reviewed academic journal in the U.S. devoted to tort law, the Journal of Tort Law publishes cutting-edge scholarship in tort theory and jurisprudence from a range of interdisciplinary perspectives: comparative, doctrinal, economic, empirical, historical, philosophical, and policy-oriented. Founded by Jules Coleman (Yale) and some of the world''s most prominent tort scholars from the Harvard, Fordham, NYU, Yale, and University of Haifa law faculties, the journal is the premier source for original articles about tort law and jurisprudence.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
