                                 CODE OF VIRGINIA

WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS (§ 8.2-722)

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: 1964, c. 219.