[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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