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Bona Fide Purchaser Bona Fide Purchaser

Bona Fide Purchaser - PowerPoint Presentation

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Uploaded On 2016-12-05

Bona Fide Purchaser - PPT Presentation

The Situation Common Law BFP Elements 1 Transferee paid value Not a gift Thus earned protection Common Law BFP Elements 2 Transferee had no notice of true owners claim Thus deserved protection ID: 497500

elements bfp wertz 403 bfp elements 403 wertz porter transferee purchaser biocob goods ordinary buyer true business

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Presentation Transcript

Slide1

Bona Fide PurchaserSlide2

The SituationSlide3

Common Law

BFP

Elements

1. Transferee paid value

Not a gift

Thus, “earned” protectionSlide4

Common Law

BFP

Elements

2. Transferee had no notice of true owner’s claim

Thus, “deserved” protectionSlide5

U.C.C.

BFP

Basic Idea -- § 2-403

A purchaser of goods acquires all title which the transferor (

bailee

) either:

Actually had, or

Had the power to transfer

Expressly from true owner, or

Implied by law.Slide6

U.C.C.

BFP

Elements -- § 2-403

1. True owner “entrusts” goods

Generally, a bailment

Not an acquisition by theftSlide7

U.C.C.

BFP

Elements -- § 2-403

2. The “evil”

bailee

is a merchant

The transferor sells goods as a businessSlide8

U.C.C.

BFP

Elements -- § 2-403

3. Merchant (

bailee

) deals with goods of the kind

Merchant (

bailee

/seller) sells the same type of goods as those the true owner entrusted.Slide9

U.C.C.

BFP

Elements -- § 2-403

4. Transferee (Purchaser) is a “buyer in the ordinary course of business” (

BIOCOB

)Slide10

U.C.C.

BFP

Elements -- § 2-403

4. Transferee (Purchaser) is a “buyer in the ordinary course of business” (

BIOCOB

)

A. Good faith

Honesty in fact (subjective), plus

Observance of reasonable commercial standards (objective).Slide11

U.C.C.

BFP

Elements -- § 2-403

4. Transferee (Purchaser) is a “buyer in the ordinary course of business” (

BIOCOB

)

A. Good faith

B. Without knowledge that sale violates ownership rights of

entrusterSlide12

U.C.C.

BFP

Elements -- § 2-403

4. Transferee (Purchaser) is a “buyer in the ordinary course of business” (

BIOCOB

)

A. Good faith

B. Without knowledge that sale violates ownership rights of

entruster

C. Pays value

Not a giftSlide13

Porter v. Wertz

Maurice UtrilloSlide14

Porter v. WertzSlide15

Porter v. WertzSlide16

Porter v. WertzSlide17

Porter v. Wertz

Richard FeigenSlide18

Porter v. Wertz

eSlide19

Porter v. Wertz

Why is

Feigen

not a

BIOCOB

?

_______________

_______________Slide20

Sheridan SuzukiSlide21

Certificate of Title