Section 53 Privity

• Library: Commercial Law 2007

Because suits on warranties are contract actions, the buyer
must establish that there was in fact and in law a contract between the two parties. It should be noted, however, that privity of contract, which is required for breach of implied warranty actions, is not required in Missouri to recover for injuries caused by breach of an express warranty. Whitman v. Consol. Aluminum Corp., 637 S.W.2d 405, 407 (Mo. App. S.D. 1982); see also Thorpe v. Hammons Sheet Metal Co., 991 S.W.2d 157, 158 n.* (Mo. App. E.D. 1999) (noting in dicta that lack of privity would not preclude suit for breach of express warranty).

When a buyer has purchased the goods directly from the retailer who gave the warranty, there is privity between...