Tex. Bus. & Com. Code § 2.722 · Subchapter G. REMEDIES
WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2.htm
- Text hash
- sha256 8c2a9b08e99bac5441379b04a843e4a4f411f3f9efae4d098d1d8d7d81cceb08
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.