## Facts

- Claus Henningsen bought a new Plymouth automobile manufactured by Chrysler and sold by Bloomfield Motors; the car was intended for his wife, Helen.
- Claus signed a printed purchase order; key warranty and limitation language appeared in small type on the reverse side and was not negotiated.
- The written warranty limited the manufacturer’s obligation to repair or replace defective parts within 90 days or 4,000 miles and purported to exclude all other warranties and liabilities.
- Claus did not read the reverse-side provisions.
- Ten days after delivery, while Helen drove at about 20–22 mph on a smooth road, she heard a loud noise, the steering wheel spun, and the car suddenly veered into a brick wall.
- The car was declared a total loss; the precise defect could not be identified due to the damage, but the circumstances suggested steering failure.
- Defendants relied on the written limitation to deny responsibility beyond repair/replacement.

## Issues

1. Whether an implied warranty of merchantability extends from dealer and manufacturer to a non-signatory spouse who is a foreseeable user, despite lack of contractual privity.
2. Whether a standardized, fine-print clause disclaiming implied warranties and limiting remedies to repair/replacement is enforceable, particularly for personal-injury claims.
3. Whether plaintiffs may recover personal-injury and consequential damages for breach of implied warranty rather than being confined to the limited contractual remedy.

## Decision

- The court affirmed judgments for both plaintiffs against both defendants on implied warranty of merchantability.
- The implied warranty ran to Helen as an intended and foreseeable user, notwithstanding absence of privity.
- The disclaimer and limitation clause was held invalid and unenforceable as against public policy, especially insofar as it sought to bar recovery for personal injuries.
- Plaintiffs were not confined to repair/replacement; warranty liability supported recovery for Helen’s injuries and Claus’s related losses.
- The trial court’s dismissal of negligence claims was left undisturbed; liability rested on warranty.

## Legal Principles

- A seller and manufacturer of a consumer product impliedly warrant merchantability: the product must be reasonably fit for its ordinary purpose.
- Implied warranty protection extends beyond the immediate purchaser to persons whom the seller/manufacturer should reasonably expect to use the product, including family members.
- Standard-form warranty disclaimers and remedy limitations that are not the product of meaningful assent, are presented inconspicuously, and defeat reasonable consumer expectations may be denied enforcement.
- Contractual provisions that effectively leave consumers without a remedy for bodily injury from defective products are contrary to public policy and cannot bar warranty-based injury recovery.
- A defect may be inferred from circumstantial evidence when malfunction occurs shortly after sale under normal operation and supports a finding that the product was not merchantable at delivery.

## Conclusion

The court held that the implied warranty of merchantability protected both the purchaser and his foreseeable-user spouse and refused to enforce a fine-print disclaimer and remedy limitation that would eliminate recovery for injuries caused by a defective automobile, affirming warranty-based damages against both dealer and manufacturer.


Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69 (N.J. 1960)