Legal Definitions - nonprivity

Definition: Nonprivity refers to the state of not being in privity of contract with another party. It means that there is a lack of privity between two parties.

Examples:

• Horizontal nonprivity: This occurs when the plaintiff is not a buyer within the distributive chain, but one who consumes, uses, or is otherwise affected by the goods. For instance, if a houseguest becomes ill after eating meat that her host bought from the local deli, she is in horizontal nonprivity with the deli.
• Vertical nonprivity: This occurs when the plaintiff is a buyer within the distributive chain who did not buy directly from the defendant. For example, if someone buys a drill from a local hardware store and later sues the drill's manufacturer, they are in vertical nonprivity with the manufacturer.

The examples illustrate that nonprivity occurs when there is no direct contractual relationship between two parties. In horizontal nonprivity, the plaintiff is not a buyer but is still affected by the goods. In vertical nonprivity, the plaintiff is a buyer but did not buy directly from the defendant.