Lindholm v. brant case brief

Biz law total of 9 questions:

Contract TITLE AND RISK 1: Buyer in Due

Lindholm v. Brant Supreme Court of Connecticut 925 A.2d 1048 (2007)

Review Case 20.3 and answer the questions that appear below. A procedural history of the case prior to appeal appears below:

Facts Kerstin Lindholm (plaintiff) entrusted her Andy Warhol painting to Anders Malmberg, an art dealer who had a reputation for being honest, reliable, and trustworthy. At Lindholm’s direction, Malmberg loaned the painting to the Guggenheim Museum. The Guggenheim later released the painting to Malmberg to be transported to Denmark for display. The Guggenheim’s policy was to release a painting on loan only to the painting’s true owner. Malmberg then sold the painting to Peter Brant (defendant) without Lindholm’s knowledge or permission. Brant was worried that Lindholm might have had a claim on the painting or that Malmberg did not have good title to the painting. Brant hired counsel to conduct a lien search on the painting and to negotiate a formal contract warranting that Malmberg had good title to the painting. The lien search revealed no competing claims to the painting, and Brant purchased the painting. Lindholm sued Brant. The trial court found that Brant was a buyer in the ordinary course of business and therefore took all of Lindholm’s rights to the painting pursuant to Uniform Commercial Code (UCC) § 2-403(3). Lindholm appealed.

QUESTIONS

1. WHAT would have been the nature of Mr. Brand's title if he had A. KNOWN that Malmberg had no good title or B. Did not use the usual and customary practices of the art world in acquiring the piece? What provision of the UCC applies?

2. How did the " usual and customary" methods of dealing In the art business help Malmberg complete his deceit? What additional steps might any of the parties have taken to protect themselves? Contract solutions?

Contract TITLE AND RISK 2 Sales by Non owners

See passage of title, void and voidable title. In the following 2 scenarios, 2 parties claim ownership of the same goods after a sale. Which party would prevail and why? Refer to the UCC.

1. Terry steals Dom's IPad and sells it to Blake, an innocent purchaser, for value. Dom learns Blake has it and demands its return.

2. Karlin takes her lap top for repairs to Orken, a MERCHANT who also sells new and used computers. By accident, one of Orken's employees sells it to Grady who takes possession. Karlin demands Grady return the laptop.

Contract TITLE AND RISK 3 Fungible goods and nonconforming good

Review Case 20.1

BMW GROUP V CASTLE OIL CORP.

1. Was the fuel oil at issue in the case FUNGIBLE? Why or why not.

2. How does the UCC definition of nonconforming goods inform the outcome of this case.

Review and answer the question:

The Truth About the Infamous McDonald's Hot Coffee Incident (Links to an external site.) The Truth About the Infamous McDonald's Hot Coffee Incident

Q. How does the idea of the implied warranty of merchantability play into this case?

Right of rejection

Country Fruit Stands orders 80 cases of peaches from Down Home Farms. Without stating a reason, Down Home delivers 30 cases instead of 80. Does Country have the right to reject the shipment under the UCC? Explain .

AGENCY Issue Spotter # 1

Q.

Q. Dimka Co. wants to build a new mall on a specific tract of land. Dimka Co. contracts with Nadine to act as its agent in buying the land. When Nadine learns the difference betweent he price that Dimka is willing to pay and the price at which the seller is willing to sell, she wants to buy the land herself and resell it to Dimka. Can she do this? Why or Why not?

Agency Issue Spotter #2

Q:

Q. QDavis contracts with Estee to purchase a certain horse on Estee's behalf. Estee asks Davis not to reveal her identity. Davis makes a deal with farmland stables, the owner of the horse, and makes the down payment. Estee fails to pay the remainder of the purchase price. Can Davis hold Estee liable for whatever damages he has to pay? Why or why not?

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