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Warranty

Business Organizations Law

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Full-Text Articles in Law

The Macpherson-Henningsen Puzzle, Victor P. Goldberg Jan 2018

The Macpherson-Henningsen Puzzle, Victor P. Goldberg

Faculty Scholarship

In the landmark case of MacPherson v. Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v. Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case involving physical injury. This suggests a puzzle: if it were so easy for firms to contract out of liability, did MacPherson accomplish anything?


Wearables And Warranties, Rachel Landy, Jennifer M. Halbleib Oct 2017

Wearables And Warranties, Rachel Landy, Jennifer M. Halbleib

Online Publications

The last few years have seen an explosion of wearable digital health products. Where a doctor’s visit used to be required for a basic check-up, now a patient’s health status is increasingly at his or her fingertips. We have the ability to track fitness levels, monitor lung and heart capacity, check skin temperature, and observe blood pressure with a simple wearable device.