Moody v. Martin Motor Co.

Code § 105-106 provides: “No privity is necessary to support an action for a tort; but if the tort results from the violation of a duty, itself the consequence of a contract, the right of action is confined to the parties and privies to that contract, except in cases where the party would have had a right of action for the injury done, independently of the contract.” This is a codification of the common law. “It is the orthodox and traditional general rule that a manufacturer or packer of a defective article is not liable for injuries to the person or property of an ultimate consumer who has…