|
In ''Henningsen v. Bloomfield Motors, Inc.'', 32 N.J. 358, 161 A.2d 69 (N.J. 1960), the New Jersey Supreme Court held that an automobile manufacturer's attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. == Facts == On May 7, 1955, Mr. Claus H. Henningsen purchased a Plymouth automobile, manufactured by Chrysler Corporation, from Bloomfield Motors, Inc. The automobile was intended as a Mother's Day gift to his wife, Helen, and the purchase was executed solely by Mr. Henningsen. The contract for sale was a one-page form and contained paragraphs in various type sizes on the front and back of the form. Mr. Henningsen testified he did not read all paragraphs of the contract. The back of the contract contained the following clause:
The car was delivered on May 9, 1955. There were no problems with the car until May 19, 1955. On that day, Mrs. Henningsen was driving the car at 20-22 mi/h on a smooth two lane highway. Mrs. Henningsen then heard a loud noise, the steering wheel spun in her hands, and the car suddenly veered and collided with a wall. The car was damaged severely, and declared totaled by the Henningsens' insurance carrier. The defendants refused to repair the car under warranty since they claimed the express warranty was limited only to repairing the defective parts and that it was not liable for damages caused by defective parts. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Henningsen v. Bloomfield Motors, Inc.」の詳細全文を読む スポンサード リンク
|