by the Government of New Jersey

“ Indeed, an undertaking by the lessor to service and maintain the trucks during the lease period might be thought of as negating any complete warranty. A rented motor vehicle is hardly comparable to the absolute liability situations of explosives or packaged food or bottled drugs. ”

“ Many things happen to an automobile during use, including sudden and spontaneous brake failure, which can neither be connected with defective manufacture nor prevented by the most careful prior servicing, and such happenings seem even more likely to occur when the driver is not the owner but merely hiring transportation. ”

“ The majority holds in terms of strict liability in tort, Santor v. A & M Karagheusian, Inc., 44 N.J. 52, 63-67 (1965) , that "the leasing agreement gave rise to a continuing implied promissory warranty [by the lessor] that the leased trucks would be fit for plaintiff's employer's use for the duration of the lease." Fitness for use is stated to mean "that the car will not fail mechanically during the rental period." ”

“ The terms of the lease upon which to ground a thesis of strict liability were not introduced. Although the majority says they were testified to, the only real proofs along this line came on defendant's case from the night foreman of defendant's Jersey City garage who spoke solely of the servicing practices with respect to the Hertz trucks used by plaintiff's [A786] employees. ”