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.
(1959, P.A. 133, S. 2-722.)
Plaintiff seller could bring claim against shipper where buyer defendant would not cooperate; seller upon recovery holds sum as fiduciary for buyer defendant; such claim does not act as waiver of plaintiff seller's present action for price due from defendant buyer for goods shipped FOB buyer's place of business. 5 Conn. Cir. Ct. 597.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-2-101. - Short title: Uniform Commercial Code–Sales.
Section 42a-2-102. - Scope; certain security and other transactions excluded from this article.
Section 42a-2-103. - Definitions and index of definitions.
Section 42a-2-104. - Definitions: “Merchant”; “between merchants”; “financing agency”.
Section 42a-2-107. - Goods to be severed from realty; recording.
Section 42a-2-201. - Formal requirements; statute of frauds.
Section 42a-2-202. - Final written expression: Parol or extrinsic evidence.
Section 42a-2-203. - Seals inoperative.
Section 42a-2-204. - Formation in general.
Section 42a-2-205. - Firm offers.
Section 42a-2-206. - Offer and acceptance in formation of contract.
Section 42a-2-207. - Additional terms in acceptance or confirmation.
Section 42a-2-208. - Course of performance or practical construction.
Section 42a-2-209. - Modification, rescission and waiver.
Section 42a-2-210. - Delegation of performance; assignment of rights.
Section 42a-2-301. - General obligations of parties.
Section 42a-2-302. - Unconscionable contract or clause.
Section 42a-2-303. - Allocation or division of risks.
Section 42a-2-304. - Price payable in money, goods, realty, or otherwise.
Section 42a-2-305. - Open price term.
Section 42a-2-306. - Output, requirements and exclusive dealings.
Section 42a-2-307. - Delivery in single lot or several lots.
Section 42a-2-308. - Absence of specified place for delivery.
Section 42a-2-309. - Absence of specific time provisions; notice of termination.
Section 42a-2-311. - Options and cooperation respecting performance.
Section 42a-2-313. - Express warranties by affirmation, promise, description, sample.
Section 42a-2-314. - Implied warranty: merchantability; usage of trade.
Section 42a-2-315. - Implied warranty: fitness for particular purpose.
Section 42a-2-316. - Exclusion or modification of warranties.
Section 42a-2-317. - Cumulation and conflict of warranties express or implied.
Section 42a-2-318. - Third party beneficiaries of seller's warranties whether express or implied.
Section 42a-2-319. - F.O.B. and F.A.S. terms.
Section 42a-2-320. - C.I.F. and C. & F. terms.
Section 42a-2-322. - Delivery “ex-ship”.
Section 42a-2-323. - Form of bill of lading required in overseas shipment; “overseas”.
Section 42a-2-324. - “No arrival, no sale” term.
Section 42a-2-325. - “Letter of credit” term; “confirmed credit”.
Section 42a-2-326. - Sale on approval and sale or return; rights of creditors.
Section 42a-2-327. - Special incidents of sale on approval and sale or return.
Section 42a-2-328. - Sale by auction.
Section 42a-2-403. - Power to transfer; good faith purchase of goods; “entrusting”.
Section 42a-2-501. - Insurable interest in goods; manner of identification of goods.
Section 42a-2-503. - Manner of seller's tender of delivery.
Section 42a-2-504. - Shipment by seller.
Section 42a-2-505. - Seller's shipment under reservation.
Section 42a-2-506. - Rights of financing agency.
Section 42a-2-507. - Effect of seller's tender; delivery on condition.
Section 42a-2-508. - Cure by seller of improper tender or delivery; replacement.
Section 42a-2-509. - Risk of loss in the absence of breach.
Section 42a-2-510. - Effect of breach on risk of loss.
Section 42a-2-511. - Tender of payment by buyer; payment by check.
Section 42a-2-512. - Payment by buyer before inspection.
Section 42a-2-513. - Buyer's right to inspection of goods.
Section 42a-2-514. - When documents deliverable on acceptance; when on payment.
Section 42a-2-515. - Preserving evidence of goods in dispute.
Section 42a-2-601. - Buyer's rights on improper delivery.
Section 42a-2-602. - Manner and effect of rightful rejection.
Section 42a-2-603. - Merchant buyer's duties as to rightfully rejected goods.
Section 42a-2-605. - Waiver of buyer's objections by failure to particularize.
Section 42a-2-606. - What constitutes acceptance of goods.
Section 42a-2-608. - Revocation of acceptance in whole or in part.
Section 42a-2-609. - Right to adequate assurance of performance.
Section 42a-2-610. - Anticipatory repudiation.
Section 42a-2-611. - Retraction of anticipatory repudiation.
Section 42a-2-612. - “Installment contract”; breach.
Section 42a-2-613. - Casualty to identified goods.
Section 42a-2-614. - Substituted performance.
Section 42a-2-615. - Excuse by failure of presupposed conditions.
Section 42a-2-616. - Procedure on notice claiming excuse.
Section 42a-2-701. - Remedies for breach of collateral contracts not impaired.
Section 42a-2-702. - Seller's remedies on discovery of buyer's insolvency.
Section 42a-2-703. - Seller's remedies in general.
Section 42a-2-705. - Seller's stoppage of delivery in transit or otherwise.
Section 42a-2-706. - Seller's resale including contract for resale.
Section 42a-2-707. - “Person in the position of a seller”.
Section 42a-2-708. - Seller's damages for nonacceptance or repudiation.
Section 42a-2-709. - Action for the price.
Section 42a-2-710. - Seller's incidental damages.
Section 42a-2-711. - Buyer's remedies in general; buyer's security interest in rejected goods.
Section 42a-2-712. - “Cover”; buyer's procurement of substitute goods.
Section 42a-2-713. - Buyer's damages for nondelivery or repudiation.
Section 42a-2-714. - Buyer's damages for breach in regard to accepted goods.
Section 42a-2-715. - Buyer's incidental and consequential damages.
Section 42a-2-716. - Buyer's right to specific performance or replevin.
Section 42a-2-717. - Deduction of damages from the price.
Section 42a-2-718. - Liquidation or limitation of damages; deposits.
Section 42a-2-719. - Contractual modification or limitation of remedy.
Section 42a-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 42a-2-721. - Remedies for fraud.
Section 42a-2-722. - Who can sue third parties for injury to goods.
Section 42a-2-723. - Proof of market price; time and place.
Section 42a-2-724. - Admissibility of market quotations.
Section 42a-2-725. - Statute of limitations in contracts for sale.