§ 41-02-101 — (2-722) Who can sue third parties for injury to goods

When 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 claim for relief 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 claim for relief 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, the party plaintiff's suit or settlement is, subject to the party
plaintiff's 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.