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Duquesne Law Review

Abstract

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.

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