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This entry was published on 2014-09-22
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SECTION 2-722
Who Can Sue Third Parties for Injury to Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 7
Section 2--722. Who Can Sue Third Parties for Injury to Goods.

Where a third party so deals with goods which have been identified to
a contract for sale as to cause actionable injury to a party to that
contract

(a) a right of action against the third party is in either party to
the contract for sale who has title to or a security interest or a
special property or an insurable interest in the goods; and if the goods
have been destroyed or converted a right of action is also in the party
who either bore the risk of loss under the contract for sale or has
since the injury assumed that risk as against the other;

(b) if at the time of the injury the party plaintiff did not bear the
risk of loss as against the other party to the contract for sale and
there is no arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest, as a fiduciary
for the other party to the contract;

(c) either party may with the consent of the other sue for the benefit
of whom it may concern.