What is the test for a cause of action for negligence?
California, United States of America
The following excerpt is from Bily v. Arthur Young & Co., 11 Cal.Rptr.2d 51, 3 Cal.4th 370 (Cal. 1992):
[834 P.2d 775] The majority concludes that defendant owed plaintiffs no duty. Rummaging in the archives of legal history, amidst the debris of discarded dogmas, the majority retrieves and revives, as an element of a cause of action for negligence, the requirement of privity, which this court had described more than 20 years ago as "virtually abandoned in California." (Heyer v. Flaig (1969) 70 Cal.2d 223, 227, 74 Cal.Rptr.
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