47-2722. 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:
1. 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;
2. 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;
3. Either party may with the consent of the other sue for the benefit of whom it may concern.
Section: Previous 47-2715 47-2716 47-2717 47-2718 47-2719 47-2720 47-2721 47-2722 47-2723 47-2724 47-2725 47-2a101 47-2a102 47-2a103 47-2a104 NextLast modified: October 13, 2016