Henningsen v. Bloomfield Motors
| Henningsen v. Bloomfield Motors | |
|---|---|
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| Court | New Jersey Supreme Court |
| Full case name | Claus H. Henningsen and Helen Henningsen v. Bloomfield Motors, Inc., and Chrysler Corporation |
| Decided | May 9, 1960 |
| Citation(s) | 32 N.J. 358, 161 A.2d 69 (1960) |
| Case opinions | |
| Majority: Francis (unanimous) | |
| Court membership | |
| Judge(s) sitting | Chief Justice Weintraub, and Justices Burling, Jacobs, Francis, Proctor and Schettino |
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.
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 manufacturer warrants each new motor vehicle (including original equipment placed thereon by the manufacturer except tires), chassis or parts manufactured by it to be free from defects in material or workmanship under normal use and service. 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.
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.
Mr. and Mrs. Henningsen sued under a theory of negligence and a theory of warranty. The court felt the proof was not sufficient to make out a prima facie case of negligence and gave the case to the jury solely on the warranty theory. The jury returned a verdict for the plaintiffs, Mr. and Mrs. Henningsen, against both defendants. The appellate case was argued on December 7, 1959 and was decided on May 9, 1960.
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