§ 2722. 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 sale as to cause actionable injury to a party to that contract:
(1) 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.
(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, his suit or settlement is, subject to his 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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2701 - Remedies for breach of collateral contracts not impaired
Section 2702 - Remedies of seller on discovery of insolvency of buyer
Section 2703 - Remedies of seller in general
Section 2705 - Stoppage by seller of delivery in transit or otherwise
Section 2706 - Resale by seller including contract for resale
Section 2707 - "Person in the position of a seller."
Section 2708 - Damages of seller for nonacceptance or repudiation
Section 2709 - Action for the price
Section 2710 - Incidental damages of seller
Section 2711 - Remedies of buyer in general; security interest of buyer in rejected goods
Section 2712 - "Cover"; procurement by buyer of substitute goods
Section 2713 - Damages of buyer for nondelivery or repudiation
Section 2714 - Damages of buyer for breach in regard to accepted goods
Section 2715 - Incidental and consequential damages of buyer
Section 2716 - Right of buyer to specific performance or replevin
Section 2717 - Deduction of damages from price
Section 2718 - Liquidation or limitation of damages; deposits
Section 2719 - Contractual modification or limitation of remedy
Section 2720 - Effect of "cancellation" or "rescission" on claims for antecedent breach
Section 2721 - Remedies for fraud
Section 2722 - Who can sue third parties for injury to goods
Section 2723 - Proof of market price: time and place