1
The laws of a state change with the
changing times.  Aeschylus, Greek Tragic Poet
525 BC 456 BC  
2
Defective goods and privity.
3
 Vertical privity Manufacturer?Wholesa
ler?Retailer ?Consumer 
4
Horizontal privity  Consumer ?Second hand
buyer Donee (gift recipient) 
5
Negligence
6
 Junior Books Sub-contractor
?General contractor ?Plaintiff 
7
Indemnity process
8
The future?
9
Canadian comparative outlook
10
Saskatchewan Consumer Protection Act s.
55 In any act brought pursuant to this part
against a manufacturer, retail seller, or
warrantor for breach of a statutory, express, or
additional written warranty, lack of privity of
contract between the person bringing the action
and the retail seller, manufacturer or warrantor
is not a defense and the retail seller,
manufacturer or warrantor is conclusively
presumed to have received consideration.
11
 New Brunswicks Consumer Product Warranty and
Liability Act
12
Did you ever buy goods that  did
not live up to the seller's promises?   were
defective?   were unfit for your purpose?
  broke down or wore out sooner than expected?
  were unsatisfactory for some other
reason?  e.g. quality/condition less than
expected in circumstances? If so, find out about
your rights under New Brunswick'sConsumer
Product Warranty and Liability Act.It protects
against goods that fall short of reasonable
expectations.
13
S. 23 Where the seller is in breach of
a warranty provided by this Act, any person who
is not a party to the contract but who suffers a
consumer loss because of the breach may recover
damages against the seller for the loss if it was
reasonably foreseeable at the time of the
contract as liable to result from the breach.
14
Why such a restrictive approach to
privity here? How can this case be rationalized?
Is it public policy that personal injury suits be
kept within the boundaries of tort and
negligence?