The Reciprocal of MacPherson v. Buick Motor Company

Journal of Tort Law, Vol.9, p. 5, 2016

Brooklyn Law School, Legal Studies Paper No. 616

39 Pages Posted: 21 Oct 2019

Date Written: 2016

Abstract

MacPherson v. Buick Motor Company won fame for taking down a privity barrier that stood between consumers and manufacturers of products that cause injury. Privity had offered liability-shelter to remote vendors; MacPherson destroyed that shelter when it held that nonprivy vendees have an entitlement to care and vigilance. In this relation of mutually constituted security and danger, privity and MacPherson are each the other’s reciprocal. This article, written to celebrate the centenary of a great decision, explores the reciprocity path that MacPherson helped to build by considering instances of law-mandated care and vigilance that came after it. Broadly worded obligations as provisioned in MacPherson function to support, or at least are consistent with, entitlements and shelters that business entities now receive from American consumers.

Keywords: MacPherson, automobile, products liability, tort, bailout, recession, consumer, tort reform, liability, privity

Suggested Citation

Bernstein, Anita, The Reciprocal of MacPherson v. Buick Motor Company (2016). Journal of Tort Law, Vol.9, p. 5, 2016; Brooklyn Law School, Legal Studies Paper No. 616. Available at SSRN: https://ssrn.com/abstract=3471871

Anita Bernstein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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