Citation. Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69, 75 A.L.R.2d 1 (N.J. 1960).
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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.
Plaintiff was injured when the steering gear in her car failed, causing the car to turn sharply into a wall. The automobile had been manufactured by Chrysler Corporation and sold by it to the Defendant, a retail dealer, Bloomfield Motors (Defendant). Plaintiff’s husband Mr. Henningsen purchased the car for Plaintiff. When he purchased the car, Mr. Henningsen signed a contract containing 8