Entrustment & Title

Arlo Artist agrees to let Kay Cafewalla, owner of a local coffee shop, hang his paintings

on the caf walls. Frank Fann loves one painting in particular and asks Kay whether she

can sell it to her. Kay sees an opportunity to make extra money and responds that she

was authorized by the artist to sell the piece. She agrees to sell the art and Frank buys

the painting for $200. Kay thinks that because she's been providing free advertising for

Arlo's art, she should take a cut and keeps $80. She gives the remaining $120 to Arlo.

Arlo never intended to sell any piece from this collection.

a. List the 5 ways to get a voidable title as laid out in the text: 1. The buyer has deceived the seller regarding his or her true identity. 2. The buyer has written a bad check for the goods. 3. The buyer has committed criminal fraud in securing the goods. 4. The buyer and seller agreed that title would not pass until some later time. 5. The buyer is a minor.

b. Identify whether Arlo, Kay, and Frank each had good, bad, or voidable title.

c. Did Kay have voidable or void title? Explain why.

d. Can Arlo get his painting back from Frank and why?