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Ark. Code Ann. § 4-2A-531

Standing to sue third parties for injury to goods

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Acts 1993, No. 439, § 1.

(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: has a security interest in the goods;

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

(3) 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.

(4) 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, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract.

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

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.