privity

noun

priv·​i·​ty ˈpri-və-tē 

plural privities

1

a

: a relationship between persons who successively have a legal interest in the same right or property

b

: an interest in a transaction, contract, or legal action to which one is not a party arising out of a relationship to one of the parties

2

: private or joint knowledge of a private matter

especially : cognizance implying concurrence

Examples of privity in a Sentence

Recent Examples on the Web

In an opinion on Tuesday, Fairfax County Chief Judge Penney Azcarate rejects Heard’s motion because of the lack of privity. —Eriq Gardner, Billboard, 17 Aug. 2021

Word History

Etymology

Middle English privite privacy, secret, from Anglo-French priveté, from Medieval Latin privitat-, privatas, from Latin privus private — more at private entry 1

First Known Use

1523, in the meaning defined at sense 1a

Legal Definition

privity

noun

priv·​i·​ty ˈpri-və-tē 

plural privities

1

: the direct connection or relationship between parties to a contract or transaction (as a purchase)

privity of contract

see also horizontal privity sense 2, vertical privity sense 2

Note: Formerly a suit for breach of warranty or negligence arising from a product could only be brought by a party to the original contract or transaction, and only against the party (as a retailer) directly dealt with. Only these parties had privity. Under modern laws and doctrines of strict liability and implied warranty, however, the right to sue has been extended to those, such as third-party beneficiaries and members of a purchaser's household, whose use of a product is foreseeable.

2

a

: a mutual or successive interest especially in the same rights of property (as by inheritance or purchase)

also : the condition of having such an interest see also horizontal privity sense 1, vertical privity sense 1

b

: an interest in a transaction, contract, or especially action that does not derive from direct participation but from a relationship to one of the parties or from having an interest identical to one in the original subject matter

also : the condition or relationship of having such an interest

a party in privity

see also predecessor in interest

Note: A claim may be barred by res judicata or collateral estoppel if the plaintiff's interests are identical, by relationship or subject matter, to those of a party to a previous action in which the plaintiff did not participate but which is deemed to have resulted in an adjudication of the plaintiff's rights.

3

: private or joint knowledge of a private matter

especially : awareness (as of wrongdoing) implying concurrence

Etymology

Old French privité privacy, secret, from Medieval Latin privitat- privitas, from Latin privus private