Pregunta:
For attachment to occur what must happen
Autor: Parker KirkpatrickRespuesta:
O There must be a pledge (possession of the collateral) or security agreement (an agreement which is a bargain by the parties, by language, inference, course of performance, or dealing or trade that creates or provides for a security interest which is an agreement in personal property or fixtures which secures payment or performance of an obligation) Pledge is when you have an oral promise to loan 5000 and you take possession of an item that will secure the payment o Lender gives value Gives value if the person acquires them in return for a binding commitment to extend credit, as a security for a pre-existing claim, or by accepting delivery under pre-existing contrct for purchase, or for any consideration (consideration) o The debtor must have rights in the collateral Not defined – thief cannot give good title but if have legal possession you can (Osterman v Pawn brokers) Jerke Construction v Home Federal (bulldozer case) – only had naked possession so didn’t have rights in because didn’t do anything that would show ownership or didn’t own it so they didn’t have rights in the property
0 / 5 (0 calificaciones)
1 answer(s) in total