Ask Question, Ask an Expert

+61-413 786 465

info@mywordsolution.com

Ask Management Theories Expert

Question: ALFONSO CANDELA, APPELLANT, v. PORT MOTORS, INC., RESPONDENT, ET AL., DEFENDANT SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT

FACTS: Candela purchased a car for approximately $19,000 from Port Motors, Inc. The police later seized the car, claiming that it may have been stolen. Candela brought suit against Port Motors for breach of warranty of title. Port's defense was that it indeed passed a good title to Candela. New York's Supreme Court, which is New York's

ISSUE: Can a good-faith seller of stolen goods pass a voidable or even good title to a good-faith innocent buyer?

REASONING: In a word, no. Good faith and innocence have no bearing whatsoever on this matter. Someone who sells stolen goods, regardless of the degree of good faith, can never pass a voidable or good title to the buyer. The buyer has a void title, and therefore the rightful owner can reclaim the goods.

DECISION AND REMEDY: The court of appeals held that the only remedy is that, if the buyer did not receive a good title to the goods from the seller, the buyer could sue the seller for the money paid.

SIGNIFICANCE OF THE CASE: The signifi cance of the decision is that if Port Motors purchased the vehicle from a thief, or from the successor to a thief, Port's title would be void and Port could not have conveyed good title to Candela.

CRITICAL THINKING: The appellate court reversed the trial court's decision, which had granted a summary judgment to Port. Candela will have the opportunity to have a court rule on whether Port Motors passed good title to him. What key facts will determine whether the title was void or voidable?

ETHICAL DECISION MAKING: Why would Port Motors, Inc., fight Candela in court? Shouldn't the car dealer want to make its customers happy? What ethical norm must be underlying Port Motors' behavior in contesting Candela's claim?

Management Theories, Management Studies

  • Category:- Management Theories
  • Reference No.:- M92484126
  • Price:- $15

Priced at Now at $15, Verified Solution

Have any Question?


Related Questions in Management Theories

Suppose a machine has two components that prevent injury

Suppose a machine has two components that prevent injury; component A and component B. If either of the components fail, an employee will be injured.  It is important to note that both A and B cannot fail at the same tim ...

Final reflection-preparing for final assignmentthroughout

Final Reflection- Preparing for Final Assignment: Throughout the course, numerous topics on healthcare management have been discussed. Reflecting on the different discussions, readings, assignments, and your previous cou ...

What is the result of a price ceiling and why do some

What is the result of a price ceiling? And why do some consumers tend to favor price ceilings and others tend to oppose it?

Assignment overview -this assessment item requires you to

Assignment Overview - This assessment item requires you to consider:- The operation of diverse and complex government and non-government project contractural arrangements relevant to a range of managed services, ICT, and ...

What role for governmentin chapter 3 wheelan describes a

What Role for Government? In Chapter 3, Wheelan describes a number of ways in which the "government is your friend" in a well-functioning society and economy. List and explain two ways that, in your everyday lives, there ...

Assessment descriptionthis assessment is a culmination

Assessment Description This assessment is a culmination piece, in which you will be given an opportunity to combine the information you have accumulated in Assessments 1 and 2. More importantly, you will need to showcase ...

Team projectprepare an evaluation of quality within the

Team Project Prepare an evaluation of quality within the organization chosen by the team Use information learned in this course and in prior courses in statistics or quantitative methods, apply the appropriate tools to f ...

Identify how protecting sovereign boundaries in regards to

Identify how protecting sovereign boundaries in regards to intellectual property has a positive effect on the GDP . Your answer should be in complete sentences

Case study assignment -case description liang global

Case Study Assignment - Case Description: Liang Global Solutions (LGS) operates in the six New England states. LGS faced an important decision: selecting network software that would maximize functionality, manageability, ...

A survey of us adults found that 69 of those who text on

A survey of U.S. adults found that 69% of those who text on cell phones receive spam or unwanted messages. You randomly select 100 U.S. adults who text on cell phones. A) Determine whether you can use a normal distributi ...

  • 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

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As