01 May QuestionFACTS :Timothy Allen commissioned a custom motorcycle from Indy Rout
Question
FACTS :
Timothy Allen commissioned a custom motorcycle from Indy Route 66 Cycles, Inc. Indy built the motorcycle and issued a “Certi?cate of Origin.” Two years later, federal law enforcement of?cers arrested Allen on drug charges and seized his home and other property. The of?cers also seized the Indy-made motorcycle from the garage of the home of Allen’s sister, Tena. The government alleged that the motorcycle was subject to forfeiture as the proceeds of drug traf?cking. Indy ?led a claim against the government, arguing that it owned the motorcycle, as evidenced by the “Certi?cate of Origin,” which the company still possessed. Indy claimed that it had been keeping the motorcycle in storage. The government ?led a motion to strike the claim, asserting that title to the motorcycle had passed when it was delivered to Allen.
ISSUE:
Did ownership to the motorcycle pass at the time that Indy gave Allen possession and control over it?
DECISION:
Yes. The district court issued a ruling in the government’s favor and granted the motion to strike Indy’s claim.
REASON:
Under UCC 2–401(2), “unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods.” In the sales transaction in this case, the parties did not “otherwise explicitly agree”
to different terms. Thus, the critical question was whether Indy had delivered the cycle to Allen. Testimony by Indy’s former vice president, Vince Ballard, was “inconclusive” but implied that Indy had delivered the motorcycle to Allen. The cycle was found in Tena’s garage, which also indicated that Indy had delivered it to Allen. Thus, Indy had given up possession of the cycle to Allen. This was suf?cient to pass title even though Indy had kept a “Certi?cate of Origin.” As a consequence, the motorcycle was subject to forfeiture as the proceeds of drug traf?cking.
WHAT IF THE FACTS WERE DIFFERENT:
Suppose that Indy had given the “Certi?cate of Origin” to Allen and had kept the motorcycle. Would the result have been different ? Explain.
Our website has a team of professional writers who can help you write any of your homework. They will write your papers from scratch. We also have a team of editors just to make sure all papers are of HIGH QUALITY & PLAGIARISM FREE. To make an Order you only need to click Ask A Question and we will direct you to our Order Page at WriteDemy. Then fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Fill in all the assignment paper details that are required in the order form with the standard information being the page count, deadline, academic level and type of paper. It is advisable to have this information at hand so that you can quickly fill in the necessary information needed in the form for the essay writer to be immediately assigned to your writing project. Make payment for the custom essay order to enable us to assign a suitable writer to your order. Payments are made through Paypal on a secured billing page. Finally, sit back and relax.
About Writedemy
We are a professional paper writing website. If you have searched a question and bumped into our website just know you are in the right place to get help in your coursework. We offer HIGH QUALITY & PLAGIARISM FREE Papers.
How It Works
To make an Order you only need to click on “Order Now” and we will direct you to our Order Page. Fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Are there Discounts?
All new clients are eligible for 20% off in their first Order. Our payment method is safe and secure.