In Biakanja v. Irving (1958) 49 Cal.2d 647, the plaintiff's brother died after signing a will, prepared by a notary public, which purported to leave the decedent's entire estate to the plaintiff. The notary negligently failed to have the will properly attested, and it was denied probate. The plaintiff thus received only his one-eighth intestate succession share of the estate. Plaintiff sued the notary and recovered a judgment. The Supreme Court held the plaintiff should be allowed to recover, despite the absence of privity: "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 conduct and the injury suffered, the moral blame attached to the defendant's conduct, and the policy of preventing future harm." (49 Cal.2d at p. 650.) The defendant notary public had prepared the will of the plaintiff's brother, which left the entire estate to the plaintiff. Due to the defendant's negligence, the will was improperly attested and could not be admitted to probate. As a result, the plaintiff received only his one-eighth intestate succession share of the estate rather than its entirety as he would have under the will. The court concluded that the defendant owed a duty of reasonable care to the plaintiff, which he had clearly breached. In reaching this conclusion, the court was careful not to declare an unlimited scope of liability in favor of any person who might have received a benefit under a contract but for its negligent performance. The court emphasized that the "end and aim" of the transaction was to benefit the plaintiff and the injury to the plaintiff from the defendant's negligent actions was clearly foreseeable. ( Id. at p. 650.) But this would not always be true. The court said: "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: [1] the extent to which the transaction was intended to affect the plaintiff; [2] the foreseeability of harm to him; [3] the degree of certainty that the plaintiff suffered injury; [4] the closeness of the connection between the defendant's conduct and the injury suffered; [5] the moral blame attached to the defendant's conduct; [6] the policy of preventing future harm." (Ibid.) In Biakanja v. Irving, the California Supreme Court considered the liability of a notary public who had negli-gently allowed the will of the plaintiff's brother, which left the entire estate to the plaintiff, to be improperly attested. As a result, the plaintiff received only his one-eighth intestate succession share of the estate. The court held the notary public owed a duty of reasonable care to the plaintiff and that duty had been breached. (Id. at p. 650.) In reaching its conclusion the court was careful not to declare an unlimited scope of liability in favor of any person who might have been injured from the negligent performance of the defendant's contract with another party. "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 conduct and the injury suffered, the moral blame attached to the defendant's conduct, and the policy of preventing future harm." (Ibid.) In Biakanja v. Irving (1958) 49 Cal.2d 647, the court held: "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 forseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the de-fendant's conduct, and the policy of preventing future harm." (Biakanja, supra, at p. 650.) There, the court concluded "the 'end and aim' of the transaction" was to provide for the passing of the decedent's estate to the plaintiff, and observed that the defendant notary public had engaged in the unauthorized practice of law by preparing the will, an activity which public policy should not protect by immunity from civil liability. (Id. at p. 651.) The Court concluded that the defendant owed a duty of reasonable care to the plaintiff which he had clearly breached. In reaching this conclusion, the Court was careful not to declare an unlimited scope of liability in favor of any person who might have received a benefit under a contract but for its negligent performance. The Court emphasized that the "end and aim" of the will transaction was to benefit the plaintiff, and the injury to her from the defendant's negligence was clearly foreseeable. ( Biakanja v. Irving, supra, 49 Cal.2d at p. 650.)