Michigan Compiled Laws
174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)
Section 440.2722 - Right of Action Against Third Party for Injury to Goods.

Sec. 2722.
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.
History: 1962, Act 174, Eff. Jan. 1, 1964

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 2 - Sales (440.2101...440.2725)

174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)

Section 440.2701 - Collateral or Ancillary Contracts; Remedies for Breach.

Section 440.2702 - Insolvency of Buyer; Remedies of Seller.

Section 440.2703 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Remedies of Seller.

Section 440.2704 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Identification of Goods; Resale; Salvage.

Section 440.2705 - Stoppage of Delivery in Transit or Otherwise; Conditions; Notice to Bailee.

Section 440.2706 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Resale by Seller; Recovery of Loss; Notice to Buyer; Profit.

Section 440.2707 - Person in the Position of a Seller.

Section 440.2708 - Nonacceptance or Repudiation; Seller's Damages.

Section 440.2709 - Nonpayment; Action for Price, Damages.

Section 440.2710 - Seller's Incidental Damages.

Section 440.2711 - Nondelivery, Repudiation, Rejection, or Revocation of Acceptance; Buyer's Remedies; Security Interest in Goods.

Section 440.2712 - Cover; Procurement of Substitute Goods; Buyer's Damages.

Section 440.2713 - Nondelivery or Repudiation; Buyer's Damages.

Section 440.2714 - Accepted Goods; Buyer's Damages for Breach.

Section 440.2715 - Buyer's Incidental and Consequential Damages.

Section 440.2716 - Specific Performance; Replevin; Claim and Delivery.

Section 440.2717 - Deduction of Damages From Price; Notice.

Section 440.2718 - Liquidation and Limitation of Damages; Restitution to Buyers.

Section 440.2719 - Contractual Modification or Limitation of Remedies.

Section 440.2720 - Cancellation, Rescission, Antecedent Breach.

Section 440.2721 - Remedies for Misrepresentation or Fraud.

Section 440.2722 - Right of Action Against Third Party for Injury to Goods.

Section 440.2723 - Evidence of Market Price; Time, Place, Surprise.

Section 440.2724 - Evidence of Market Price; Market Quotations, Admissibility.

Section 440.2725 - Statute of Limitations in Contracts for Sale; Contractual Reduction.