Ask Question, Ask an Expert

+1-415-315-9853

info@mywordsolution.com

Ask Business Law & Ethics Expert

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 problem 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 ? describe. 

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M948452

Have any Question? 


Related Questions in Business Law & Ethics

You are an official of the union brought in to resolve the

You are an official of the union brought in to resolve the tensions between Bob and the company and the union. Write a memo in Word with suggestions on how you would propose to solve the labor-employment problem. Refer t ...

Part a -1 explain special needs offenders2 what effects

Part A - 1. Explain "special needs" offenders. 2. What effects have public fears had on the treatment of sex offenders? 3. Differentiate between date rape and campus gang rape. 4. Does treatment for sex offenders work? 5 ...

Steve owns a car he decides that he needs a loan in order

Steve owns a car. He decides that he needs a loan in order to improve his house, so he goes to Liv. He agrees to give Liv a security interest in the car in exchange for $4,000. Two weeks later he decides that he needs mo ...

Question 1 - state the steps in entering a guilty plea what

Question 1 - State the steps in entering a guilty plea. What are the consequences of entering a guilty plea? Your response should be at least 200 words in length. Question 2 - How did plea bargaining develop? Your respon ...

Video analysis three page essay please view video then

Video Analysis three page essay, please view video then answer questions. Noble cause corruption follows the teleological model of ethics. The approach emphasizes "good ends" and is a product of police officer "overinves ...

Questionneed responses to these three topics with

Question Need responses to these three topics with references 12/16/2016 250 words minimum on each item. How valid are Copyrights and intellectual property protections? A great debate is underway about the place of copyr ...

Deploying and scheduling personnelwrite a response to the

Deploying and Scheduling Personnel Write a response to the following prompt: Identify the most favored and least favored shift schedules in the U.S. for police personnel. Explain the advantages and disadvantages of those ...

Assignment crime scene investigationpreliminary

Assignment: Crime Scene Investigation Preliminary investigations do not necessarily yield enough information to prosecute a criminal case. Despite a thorough preliminary investigation, many cases require a follow - up in ...

Taxation law amp practice assignment-purposeto extend

Taxation Law & Practice Assignment- Purpose To extend familiarity with locating legal decisions and undertaking research into an aspect of currently debated taxation law and practice. It is important for you to have time ...

Business law common law assignmentstudents should read the

BUSINESS LAW COMMON LAW ASSIGNMENT Students should read the instructions accompanying this assignment before attempting to solve the following problems. 1. La Trobe University organises an "End of the Year Ball" for staf ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Section onea in an atwood machine suppose two objects of

SECTION ONE (a) In an Atwood Machine, suppose two objects of unequal mass are hung vertically over a frictionless

Part 1you work in hr for a company that operates a factory

Part 1: You work in HR for a company that operates a factory manufacturing fiberglass. There are several hundred empl

Details on advanced accounting paperthis paper is intended

DETAILS ON ADVANCED ACCOUNTING PAPER This paper is intended for students to apply the theoretical knowledge around ac

Create a provider database and related reports and queries

Create a provider database and related reports and queries to capture contact information for potential PC component pro

Describe what you learned about the impact of economic

Describe what you learned about the impact of economic, social, and demographic trends affecting the US labor environmen