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MacPherson v. Buick: Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Court of Appeals of New York | |court=Court of Appeals of New York | ||
|date= | |date=1916-3-14 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=MacPherson bought his [https://buickmodel10.com/ Buick Model 10] car for $900 in 1908 ([https://www.wolframalpha.com/input?i=US%24900+%281908+US+dollars%29 $30,300 in 2023]); the dealer had bought the car directly from Buick. | |facts=MacPherson bought his [https://buickmodel10.com/ Buick Model 10] car for $900 in 1908 ([https://www.wolframalpha.com/input?i=US%24900+%281908+US+dollars%29 $30,300 in 2023]); the dealer had bought the car directly from Buick. | ||
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#the product is reasonably likely to create a danger if it's negligently manufactured | #the product is reasonably likely to create a danger if it's negligently manufactured | ||
#the product will be used by people other than the original purchaser & without additional testing. | #the product will be used by people other than the original purchaser & without additional testing. | ||
This is a modification of the '''rule of privity''' which states that the manufacturer only has a '''duty of care''' to the 1st purchaser (the dealership). | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.nycourts.gov/reporter/archives/macpherson_buick.htm | |link=https://www.nycourts.gov/reporter/archives/macpherson_buick.htm | ||
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}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/macpherson-v-buick-motor-co | |link=https://www.quimbee.com/cases/macpherson-v-buick-motor-co | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}} | }} | ||
}} | }} |
Latest revision as of 03:40, July 14, 2023
MacPherson v. Buick | |
Court | Court of Appeals of New York |
---|---|
Citation | |
Date decided | 1916-3-14 |
Facts
MacPherson bought his Buick Model 10 car for $900 in 1908 ($30,300 in 2023); the dealer had bought the car directly from Buick.
In July 1911, MacPherson was driving his car at 8 mi/h when his left rear wheel collapsed. His car spun out of control & he was injured. The cause of the wheel collapse was defective wood. Buick had purchased the wheel from a supplier. Apparently, Buick hadn't inspected the wheel before selling the car to the dealer.Procedural History
MacPherson sued Buick, the automobile manufacturer, in a NY state court.
MacPherson lost, but the NY Appellate Division reversed the decision.
At the 2nd trial, MacPherson won a judgment of $5,000.Issues
Does the manufacturer of a product owe a duty of care to anyone other than the initial purchaser?
Holding
Yes. The manufacturer of a product owes a duty of care to users than the initial purchaser (here the car dealership).
Rule
Duty of care for car manufacturers extends to later users if:
- the product is reasonably likely to create a danger if it's negligently manufactured
- the product will be used by people other than the original purchaser & without additional testing.