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Collins v. Uniroyal, Inc.

New Jersey Superior Court

315 A.2d 30 (1973)

Relevant factsFree

Martin Collins bought Uniroyal (defendant) tires that came with lifetime and road-hazard warranties, subject to a disclaimer excluding consequential damages and limiting liability to repair or replacement, even as Uniroyal's own advertising promised, "If it only saves your life once, it's a bargain." Five months later a tire blew out, the car flipped, and Martin died; his wife Elizabeth (plaintiff) sued, and the trial judge removed the disclaimer from the jury's copy of the warranty and instructed that liability was not limited to repair or replacement, resulting in a jury verdict awarding consequential damages, affirmed on appeal.

IssueFree

Whether, under the Uniform Commercial Code, there is a presumption that disclaimers of consequential damages for personal injuries caused by a defective product are unconscionable.

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