The near privity approach was adopted by courts in contrast to the strict privity rule of the:

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In contrast to the strict privity rule of Ultramares, several courts have adopted a near privity approach. It grew out of a case in which a seller employed a weigher to certify the weight of beans and to provide a copy of the certification to the buyer. Judge Cardozo, the author of Ultramares, held for the buyer in a suit against the weigher for inaccurately certifying the weight of the beans.

The near Privity Approach Was Adopted by Courts in Contrast