Wisconsin Statutes 402.722 – Who can sue 3rd parties for injury to goods
Current as of: 2024 | Check for updates
|
Other versions
Where a 3rd 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:
Terms Used In Wisconsin Statutes 402.722
- Contract: A legal written agreement that becomes binding when signed.
- Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Wisconsin Statutes 402.106
- Fiduciary: A trustee, executor, or administrator.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) A right of action against the 3rd 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, the plaintiff’s suit or settlement is, subject to the plaintiff’s 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.