§ 4-2-722 — Who can sue third parties for injury to goods

Colorado § 4-2-722

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

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.

Legislative History

Source: L. 65: p. 1343, � 1. C.R.S. 1963: � 155-2-722.