Razor v. Hyundai Motor America

854 N.E.2d 607 (2006)

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Razor v. Hyundai Motor America

Illinois Supreme Court
854 N.E.2d 607 (2006)

  • Written by Sharon Feldman, JD

Facts

Shante Razor (plaintiff) purchased a car with a warranty covering repair or replacement of defective components and excluding incidental or consequential damages. The warranty was in the owner’s manual Razor first saw in the glove compartment when she drove the car off the lot. Razor had trouble starting the car on multiple occasions. Various attempts at repairs were made. Razor brought a breach-of-warranty action against Hyundai Motor America (defendant). The court ruled that the incidental-and-consequential-damages disclaimer was unconscionable and would not be enforced. The jury awarded consequential damages for aggravation, inconvenience, and loss of use. The appellate court affirmed. Hyundai argued on appeal that the fact that the warranty failed of its essential purpose did not invalidate the consequential-damages disclaimer and the trial court should have enforced the consequential-damages exclusion.

Rule of Law

Issue

Holding and Reasoning (Freeman, J.)

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