In the majority of jurisdictions that have adopted Uniform Commercial Code section 2-318, certain plaintiffs are precluded from recovering for economic loss that is not related to personal injury. The author submits, after reviewing the common law of third party beneficiaries, that section 2-318 should be blended with third party beneficiary law. Consequently, according to the author, non-privity plaintiffs that suffer economic losses should be able to recover on the basis of those economic losses under certain circumstances.
Gary L. Monserud,
Blending the Law of Sales with the Common Law of Third Party Beneficiaries,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol39/iss1/6