70A-2-722 - Who can sue third parties for injury to goods. - Utah Statutes

70A-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 saleas 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 whohas title to or a security interest or a special property or an insurable interest in the goods; and ifthe goods have been destroyed or converted a right of action is also in the party who either borethe risk of loss under the contract for sale or has since the injury assumed that risk as against theother;
(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against theother party to the contract for sale and there is no arrangement between them for disposition of therecovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party tothe contract;
(c) either party may with the consent of the other sue for the benefit of whom it mayconcern.

Enacted by Chapter 154, 1965 General Session