In the Following Situations, Two Parties Claim the Same Goods

question 16

Essay

In the following situations, two parties claim the same goods. Who is most likely to prevail in each circumstance? Explain.
(a) Czeslaw steals Denise's Ultra HD TV set and sells it to Ezra, an innocent purchaser, for value. Denise learns that Ezra has the set and demands its return.
(b) Gwendolyn takes her all-terrain vehicle (ATV) for repair to Hank's Sales & Repair, a merchant who fixes and sometimes sells used ATVs. By accident, one of Hank's employees sells Gwendolyn's ATV to John, an innocent purchaser-customer, who takes possession. Gwendolyn wants her ATV back from John.

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Definitions:

Trade Usage

Customary practices and norms adopted by a particular industry or commerce sector that can influence the interpretation and enforcement of contracts.

Statute Of Limitations

A statute prescribing the maximum time after an event within which legal proceedings may be initiated, based on the nature of the claim or case.

UCC

The Uniform Commercial Code represents an extensive collection of regulations that oversee business deals within the United States.

Breach

The violation or breaking of a law, duty, or agreement, especially concerning contracts.