On February 1, Futuristic Electronics sells and delivers $10,000 worth of computer parts to Martin Business Systems to be paid for on March 1. On February 2, Martin's ceiling leaks requiring immediate repair worth $10,000
Lewis Kuhn, the contractor, refuses to do this work without security, so Martin gives Kuhn a chattel mortgage on the computer parts to get the work done. Unfortunately, Martin goes bankrupt and does not pay Futuristic. Futuristic wants to take the computer parts back, while Kuhn wants to seize them under his chattel mortgage. Which of the following is TRUE?
A) The chattel mortgage is not enforceable because Martin has not paid for the parts and therefore Futuristic still owns them.
B) The chattel mortgage is enforceable because ownership (title) passed on delivery of the computer parts to Martin's premises.
C) The chattel mortgage is not enforceable as it is the wrong security instrument – a general security agreement should have been used.
D) The chattel mortgage is not enforceable because it was taken subsequent to Futuristic's security interest in the property – i.e. the earlier security takes priority.
E) The chattel mortgage is not enforceable because Futuristic has an automatic purchase money security interest in the equipment.
B
You might also like to view...
According to which of the following is discrimination in favor of protected groups benevolent of intention?
A. Distributive justice B. Compensatory justice C. Ethical theories of rights D. Utilitarian ethics
According to the textbook, leaders of diverse teams should create early opportunities to succeed because they can ______
a. increase team members' confidence in each other and the team b. reduce concerns about the team's ability to work together c. increase team members' attractiveness to each other d. all of the above