Brief Fact Summary. The Plaintiff, Henningsen (Plaintiff), was injured when the steering gear in her car failed. Plaintiff brought suit claiming negligence, but the case was dismissed by the trial court due to a disclaimer contained in the sales contract for the car.
Synopsis of Rule of Law. Manufacturers cannot unjustly disclaim the implied warranty of merchantability when such disclaimers are clearly not the result of just bargaining.
The trial judge's determination will not be disturbed unless a clear abuse of discretion appears.View Full Point of Law