From our private database of 37,500+ case briefs...
Alloway v. General Marine Industries
New Jersey Supreme Court
149 N.J. 620, 695 A.2d 264 (1997)
Samuel P. Alloway III (plaintiff) owned a power boat manufactured by Century Boats (Century), an unincorporated division of Glasstream Boats, Inc. (Glasstream). Alloway purchased the $61,070 boat from retailer Mullica River Boat Basin (Mullica) (defendant) and insured the boat with New Hampshire Insurance Co. (New Hampshire) (plaintiff). Century provided a 12-month warranty that the boat was free from defects in material and workmanship. Three months later, due to a defective seam in the swimming platform, water seeped into the boat, and it sank while docked. No one was injured, and no other property was damaged. New Hampshire paid Alloway $40,107 to repair the boat. Glasstream went bankrupt and sold its assets to General Marine Industries, Inc. (GMI) (defendant), formerly known as GAC Partners, P.L. (GAC). Alloway and New Hampshire (collectively, Alloway) sued Mullica and GMI to recover for their economic losses—the cost of repair and for the boat’s lost value on trade-in—claiming breach of warranty, strict liability for a defective product, and negligent manufacture and inspection. Alloway assigned his rights to New Hampshire. GMI moved to dismiss, which the trial court granted, holding that recovery for economic loss was barred, and the only allowable claim, breach of warranty under the Uniform Commercial Code (UCC), was barred by the bankruptcy code. The claims against Mullica were dismissed or settled, which eliminated claims for breach of warranty. The appellate division reversed, allowing recovery in tort. The New Jersey Supreme Court granted certification.
Rule of Law
Holding and Reasoning (Pollock, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 631,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 631,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.