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Canisius College *
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Law
Date
Feb 20, 2024
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docx
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Uploaded by misspph1976
Imagine that you are the owner of a small jewelry store. A customer leaves a family heirloom with you for cleaning. By mistake, a salesperson sells the ring to another customer. How would you handle the situation? Now, imagine that you were the customer who purchased the ring for your fiancé. When the owner calls you to tell you about the situation, what do you do?
In response to your peers, consider your peers’ response. If they disagree with your response, consider the factual assumptions they have made which form the foundation of their opinion. Can you challenge those assumptions while furthering your discussion? If your responses are similar, consider posing a hypothetical question to test your peer’s conclusions.
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In the scenario if I were someone who had taken a family heirloom ring to the jewelry cleaners and they accidentally sold it to someone else, I would be very upset. I would definitely do everything in my power to try to
retrieve it. Since I am the original owner, I would have the title to the ring. Although, if the store owners and employees sell it to someone else accidentally, the new owner of the ring would be protected by property law and be allowed to keep the ring because they are a buyer in the ordinary course of the dealer’s business.
“A fundamental rule of property law is that a buyer cannot receive better title to goods than the seller had… however, there are several exceptions [including] the following, a person who buys goods in the ordinary course of a dealer’s business takes free of any claim of a person who entrusted those goods to the
dealer” (Langvardt, A., et. al., (2019) Business law: the ethical, global, and e-commerce environment (17th ed.). New York: McGraw Hill Education, at pg. 569) A buyer in the ordinary course of business is defined as being in good
faith and without knowledge that the sale to him is in violation of the ownership rights of a third party, and buys goods from a business of a person selling goods of that kind. If goods are entrusted to a merchant
who deals in
goods of that kind, the merchant has the power to transfer all rights of the entruster to the buyer in the ordinary course of business. The purpose behind this is to protect commerce by giving the buyers confidence that they will get good title if they buy from a merchant in the ordinary course of business. (Langvardt, A.,
et. al., (2019) Business law: the ethical, global, and e-commerce environment (17th ed.). New York: McGraw Hill Education, at pg. 570) So to conclude this situation, I would not be able to retrieve the ring, even though it was never supposed to be sold, if the new owner wishes to keep it. My best option would be to sue the jewelry store owner to recover the value of the ring. If I were the person who bought the ring and this situation were brought to my attention, I would like to return
the ring to the original owner by returning it to the jewelry store and getting all my money back plus interest or a
different ring that I like of the same or more value for the inconvienence. Although, I absolutely would not be obligated to do so. If I had already given the ring away as a gift I would not return it and let the original owner sue the jewelry store.
Works Cited:
Langvardt, A., et. al., (2019) Business law: the ethical, global, and e-commerce environment (17th ed.). New York: McGraw Hill Education.
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