Question
Avila purchased a secondhand Cadillac from Better Buy Motors Ltd. under a conditional sale agreement. She used the car for several months in her work
Avila purchased a secondhand Cadillac from Better Buy Motors Ltd. under a conditional sale agreement. She used the car for several months in her work as a sales representative and paid her installments regularly. When she had only two installments left to pay, the car was towed out of her driveway and delivered to Fancy Finance Corp., on instructions of that company. Avila had never heard of Fancy Finance before. It informed her that it had "repossessed" the car under a prior, properly registered chattel mortgage that it held and that the chattel mortgagor had fraudulently sold the car to Better Buy Motors. Examine the nature of Avila's rights, and indicate against whom they are available. What factors should be taken into account in assessing her loss?
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