horizontal nonprivity. The lack of privity occurring when the plaintiff is not a buyer within the distributive chain, but one who consumes, uses, or is otherwise affected by the goods. • For example, a houseguest who becomes ill after eating meat that her host bought from the local deli is in horizontal nonprivity with the deli. [Cases: Sales 255. C.J.S. Sales §§ 240–241, 284, 288–289.]
vertical nonprivity. The lack of privity occurring when the plaintiff is a buyer within the distributive chain who did not buy directly from the defendant. • For example, someone who buys a drill from a local hardware store and later sues the drill’s manufacturer is in vertical nonprivity with the manufacturer.
