MacPherson v. Buick Motor Co.
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''MacPherson v. Buick Motor Co.''

is a famous New York Court of Appeals opinion by Judge
Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
that removed the requirement of
privity of contract The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be ab ...
for duty in
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
actions.


Facts

The
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
, Donald C. MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 Buick Runabout collapsed.Winterbottom v. Wright ''Winterbottom v Wright'' (184210 M&W 109was an important case in English common law responsible for constraining the law's 19th-century stance on negligence. Facts The plaintiff Winterbottom had been contracted by the Postmaster-General to drive ...
''. which is the precursor rule for
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has b ...
. The portion of the ''MacPherson'' opinion in which Cardozo demolished the privity bar to recovery is as follows:


See also

*''
Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principle ...
''
932 Year 932 ( CMXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Alberic II leads an uprising at Rome against his stepfather Hugh of Provence ...
AC 562, where
Lord Atkin James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remember ...
cited the decision with approval in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
.
932 Year 932 ( CMXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Alberic II leads an uprising at Rome against his stepfather Hugh of Provence ...
AC 562 at 598.


Notes


External links

New York (state) state case law United States tort case law 1916 in United States case law Product liability case law 1916 in New York (state) Buick General Motors litigation {{US-case-law-stub