Is Cal. Com. Code § 2722 — Remedies still in force?

Statute · California Commercial Code

Cal. Com. Code § 2722 — Remedies

Cal. Com. Code § 2722

Type: Statute
Source: California Commercial Code
Jurisdiction: California
Current through: Nov 2, 2026 (California Legislative Counsel)

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

Citator

Cal. Com. Code § 2722 — Remedies is in force in the current edition of the Code, and nothing recorded condemns it.

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 o ther;

(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;