What are the factors used in determining whether a duty of care exists between parties who do not have a contractual relationship?

The factors to be considered in determining whether a duty of care exists between parties who do not have a contractual relationship were set forth in Biakanja v. Irving (1958) 49 Cal.2d 647: "The determination whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's

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