Skip to main content
THIS SITE
PREVIOUS SECTION Go back to sections Go back to the chapter Go back to the N.J. Statutes homepage NEXT SECTION


New Jersey Statutes, Title: 12A, COMMERCIAL TRANSACTIONS

    Chapter 2a:

      Section: 12A:2a-531: Standing to sue third parties for injury to goods

           12A:2A-531. Standing to sue third parties for injury to goods.



(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee:

(i) has a security interest in the goods;



(ii) has an insurable interest in the goods; or



(iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.

(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 lease contract and there is no arrangement between them for disposition of the recovery, the suit or settlement of the party plaintiff, subject to the party plaintiff's own interest, is as a fiduciary for the other party to the lease contract.

(3) Either party with the consent of the other may sue for the benefit of whom it may concern.

L.1994,c.114,s.1.



This section added to the Rutgers Database: 2013-06-10 16:36:30.






Older versions of 12a:2a-531 (if available):



Court decisions that cite this statute: CLICK HERE.