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The MacPherson-Henningsen Puzzle

9 Pages Posted: 20 Aug 2017  

Victor P. Goldberg

Columbia Law School

Date Written: August 08, 2017

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?

Keywords: Contracts, Torts, Remedies

Suggested Citation

Goldberg, Victor P., The MacPherson-Henningsen Puzzle (August 08, 2017). Columbia Law and Economics Working Paper No. 570. Available at SSRN: https://ssrn.com/abstract=3022224

Victor Paul Goldberg (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-8380 (Phone)
212-854-0221 (Fax)

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