Section 23 Privity Not Required

• Library: Merchandising Practices Act 2013

Privity is not generally required except when the legislature creates specific exceptions, such as that for wholesale car dealers in § 407.558, RSMo Supp. 2012. For example, in Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. banc 2007), the consumer sued both the retail car dealer as well as the wholesale dealer that put the rebuilt wreck into the stream of commerce. The Court held that the plain language of the MPA does not require a direct contractual relationship between the plaintiff and the...