[DeTomaso] Roland Jackel-from the PI board

JJD1010 at aol.com JJD1010 at aol.com
Mon Jun 21 11:14:49 EDT 2010



 
In a message dated 6/20/2010 7:31:26 P.M. Central Daylight Time,  
pantdino at aol.com writes:

For example, it seems to me:

Jim sold Roland a ZF for  $4000,
The ZF was not Jim's own property-- he was acting as agent for a  customer
Roland paid Jim (or the customer?) in full before the box was  shipped.
The box was damaged in shipment.
UPS paid Jim $4000 to  compensate for the damaged box.
Jim sent the money to Roland, refunding him  in full.

Roland still has the box and feels he has the right to keep it  AND the 
refunded money

Are these statements  correct?

If so, I believe that if Roland thinks about it  some more he will realize 
he has the right to keep the box or the $4000, but  not both.  
 
The whole business of whose UPS number was used and therefore who  insured 
the item adds some confusion, but the overall picture is clear.  


Jim Oddie


______________
 
I'm not taking sides here but this is really a legal issue as to  when 
title to the goods transferred, which I believe is covered by the UCC,  the 
Uniform Commercial Code. Any lawyers out there want to comment. I may be  wrong, 
but I would think that title(ownership) to the ZF transfers when  it is 
paid for, not when it is received, unless there is a bill of sale to the  
contrary. 
 
Theoretically, the insurance is to reimburse Roland for  his cost to repair 
the damage on the ZF that he owns. Therefore, the insurance  money, 
regardless of the actual cost to repair, would go to  Roland since he was the 
rightful owner of the ZF at the time of the  damage. The owner has received his 
bargained for sale price of $4000 so  he is already whole under the law and 
should not be entitled to the insurance  proceeds.
 
The fact that the shipper's UPS account was used is a moot point.  Some 
other things to consider that could theoretically help or muddy the  argument 
are: 1) did Roland pay Jim for the shipping? 2) for the  insurance? 3) was 
shipping included in the negotiated and agreed sale  price? the insurance?
 
Lastly, it is conceivable that the seller could take out  a side contract, 
independent of the sale agreement, to insure the value  of the ZF. I'm not 
really sure that this is legal since he no longer owned the  ZF, but in that 
case, he would be entitled to those  proceeds.
 
Jeff
6559






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