In such a society there is no threat to the social order, however in present day commercial life the standardized mass contract has appeared. 929 - NOEL v. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. International Sales Corp, Centronics Corporation v. Genicom Corporation, Market Street Associates Limited Partnership v. Frey, Hillesland v. Federal Land Bank Association of Grand Forks, Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69, 1960 N.J. LEXIS 213, 75 A.L.R.2d 1 (N.J. 1960). The exclusion of Turner's expert report under the net opinion doctrine was sound. Discussion. 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. The reason a contracting party offering service of a quasi-public nature is held to the requirements of fair dealing and of securing the understanding consent of the consumer, is because members of the public generally have no other means of fulfilling the specific need represented by the contract. There is no arms length negotiation on issue of liability. 6 decided may 9, 1960. He lived about five miles away from the Buffalo Grove Royals which was hard to get to since his mom doesn 't have a car. Defendant contends that the warranty was disclaimed in the … Therefore, the express warranty at issue here contravenes public policy. This results in an economically inefficient transaction since not all consumers wanted this warranty, but now all consumers are forced to pay for it. … He Facts: -Mr. Henningsen (P) purchased an automobile from Bloomfield Motors, Inc. (D), who sold automobiles manufactured by Chrysler Corporation (D). A married man purchased a Chrysler automobile from a local Chrysler dealership, and gave it to his wife. Therefore, there is no privity between the automobile manufacturer and the consumer. Mr. Henningsen bought a car; the warrenty said the manufacturer's liability was limited to "making good" defective parts, and abosolutely nothing else. Home » Case Briefs Bank » Torts » Henningsen v. Bloomfield Motors, Inc and Chrysler Corporation Case Brief. Mr. and Mrs. Henningsen sued under a theory of negligence and a theory of warranty. The New Jersey Supreme Court recognized that change was needed and issued an opinion — Henningsen v. Bloomfield Motors, Inc. — that quickly would change the world of products liability and consumer protection. Implied condition that the goods must be of merchantable quality Henningsen vs Bloomfield Motor Incorporation. Its obligation under this warranty being limited to making good at its factory any part or parts thereof which shall, within ninety (90) days after delivery of such vehicle To the original purchaser or before such vehicle has been driven 4,000 miles, whichever event shall first occur, be returned to it with transportation charges prepaid and which its examination shall disclose to its satisfaction to have been thus defective; This warranty being expressly in lieu of all other warranties expressed or implied, and all other obligations or liabilities on its part, and it neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale of its vehicles. 1. On that day, Mrs. Henningsen was driving the car at 20-22 mph on a smooth two lane highway. Henningsen v. Bloomfield Motors; This page lists people with the surname Henningsen. 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. The conflicting interests of the buyer and seller must be considered giving weight to the social policy, the decisions of the courts, mass production methods of manufacture and distribution, and the bargaining position of the ordinary customer. Brief Fact Summary Mrs. Henningsen was driving her new Chrysler when the steering wheel spun in her hands causing her to veer and crash into a highway sign. If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name(s) to the link. [citation needed]. Case Study: Henningsen V. Bloomfield Motor Incorporation 1029 Words | 5 Pages. 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