Question
Halloween is approaching and Jayne needs a lot of pumpkins and bales of hay to decorate her store and to sell. Jayne goes to see
Halloween is approaching and Jayne needs a lot of pumpkins and bales of hay to decorate her store and to sell. Jayne goes to see Brown Brother Farms (Brown) about her needs and agrees to buy all the pumpkins in their lower field and all the bales of hay in the shed next to the lower field. The contract sets the price at $10 per bale of hay and $1 per 500 grams of pumpkin. Brown agrees to count and weigh the bales and pumpkins, respectively, and deliver everything to her store on Saturday. The contract is a simple sales agreement and does not specify when title to the goods will pass to the buyer.
On Thursday night, after Brown has counted the bales, but before he has picked and weighed the pumpkins, there is a bad wind and rain storm that blows down the shed, destroying the bales of hay, and ruins most of the pumpkins by tossing them around the field. On Friday, Brown calls Jayne to tell her about the loss and suggests she call her insurance agent about compensation. She was shocked that he expected her to pay the contract price considering the goods were destroyed while in Brown's possession. Brown expects Jayne to pay the contract price because she has already agreed to purchase the goods. Jayne refuses and Brown sues Jayne in Small Claims Court.
It appears that both Jayne and Brown do not fully understand the difference between possession and title to the goods.
Instructions
Your answer should discuss:
1. Case Name (who is suing who)
2. The main legal issue (legal concept that applies),
3. Reasoning (legal discussion/description as it applies to the case), and
- Ensure you specify the difference between the possession and title to the goods.
4. Risk Reduction strategies (Can speak for any of the parties involved)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started