Question
I have the answers for 1 - 4. Tell me what the correct category is for number 5. What about number 5? Problem 94 As
I have the answers for 1 - 4. Tell me what the correct category is for number 5.
What about number 5?
Problem 94
As stated above, in differentiating among goods (subject to UCC filing), fixtures (subject to UCC and realty filing), and ordinary building materials (subject only to realty filing), courts look to three tests:
(1) actual physical annexation to the realty,
(2) application or adaption to the use or purpose to which the realty is devoted, and
(3) intention of the person making annexation to make a permanent accession to the freehold.
Decide how each of the following would be characterized:
1.the furnace that heats the building and water:fixture
2.the pipes that carry the hot water through the walls:ordinary building materials
3.a couch that has been sitting in the living room for 20 years: Depends on the court - factors in intent of the parties, whether it fits purpose of the real estate, how firmly affixed is the couch - could be goods
4.a lavish designer bathtub, handcrafted and carefully set in the corner: Expected to be a fixture although the intent may not be to consider as a fixture.
Not of ordinary building materials building materials
5.Security cameras, tracks, wiring, and equipment for wireless Internet access.
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