Legal Theory of Cases and Transactions
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Answers and analysis the 3 questions scenario. In three paragraphs paper. Each paragraph include at least 4 sentences. I'm looking for developed answers that include an analysis of the scenario in relationship to the content of the textbook. There must be at least one reference to chapter/page number/ from my text (not from appendices). My textbook is;
(Business Law TEXT & EXERCISES SEVENTH EDITION Miller & Hollowell, Thomson/West Publishers).
The Case of the Disputed Deere
FACTS
At a farm auction in Georgia, Juan Perez and Julian Lara bid against each other on a Deere tractor, and Juan bought it for $65,000. At a second auction the same day, Juan bought some equipment that he wanted to add to his tractor. He again encountered Julian, and the two agreed that Julian would install the new equipment. Julian took the tractor to his place of business to work on it.
Later, Juan came to the shop and paid $6,000 for Julian to do the work. Julian in fact was a dealer in farm machinery. He regularly bought such equipment at auctions, then repaired and sold it. Juan testified, though, that Julian's shop appeared to him to be a repair shop rather than a sales shop.
Sam's Auction Services had done business with Julian on a regular basis. Julian executed a standard pre-auction document declaring that he owed the Deere tractor. Georgia does not require ownership papers for a tractor. Sam's then bought the Deere tractor from Julian for $30,000. When Juan learned of this, he demanded the tractor back, but Sam's refused.
AT TRIAL
Juan argued that Sam's never acquired good title to the Deere tractor as Julian was never given title to the tractor. Julian was entrusted with the tractor for the purpose of repairs. Sam's argued that they had frequently purchased equipment from Julian under the same terms and conditions as when they bought the tractor. Therefore, they owned the tractor.
QUESTIONS
1. Who owns the Deere tractor at time of trial?
2. Why? What is the legal theory (ies) used to win the case?
3. Is there anything the loser in this case could have done differently at the time of the transactions that might have made them the winner?
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Solution Summary
The response addresses the query is posted in 505 words with APA Reference.
Solution Preview
The response addresses the query is posted in 505 words with APA Reference.
//In Georgia, the auction process is governed through a legal process. This is evident from a few cases of legal issues related to proving the ownership as a result of the auction process. In this relation, in the following discussion, we have explored a case related to ownership issues in an auction process for a moveable property.//
1. Who owns the Deere tractor at time of trial?
Answer:
At the time of the trial, the ownership of the Deere tractor was owned by Juan. Juan purchased the tractor in a legal farm auction process of Georgia through the bidding process. He had the actual title ownership of the tractor and none of the other parties had that. The ...
Education
- MBA (IP), International Center for Internationa Business
- BBA, University of Rajasthan
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