Question
Put the following discussion section of a memo in proper IRAC order. 1 = Issue 2 = Rul 3 = Analysis 4 = Conclusion _______One
Put the following discussion section of a memo in proper IRAC order.
1 = Issue
2 = Rul
3 = Analysis
4 = Conclusion
_______One Illinois court ruled that a pawnbroker had no right to transfer the plaintiff's pledged diamond ring to another pawnbroker within a year of the plaintiff's default of her loan, without written consent of the pawner. Jacobs, 141 N.E. at 716. In our situation, Rough & Tough sold its shop and assets to Sam Able within two months of Ms. Howard's pawning her grandmother's engagement ring. Because the sale occurred within a year of Ms. Howard's transaction with Rough & Tough, the company had a legal obligation under the Illinois statute to require a written consent for the transfer of her property. Also, the statute states that the time period for requirement of written consent for transfer of pledged property is established from the time of the pawner's default. 205 Ill. Comp. Stat. 510/10.
_________Our client has not defaulted, and she deserves at least all the rights offered by the statute to a pawner who is in default. Rough & Tough did send Ms. Howard a postcard notifying her that it had sold all the pawned items and outstanding loans, including her ring, but it did not get her written consent for the sale of her property. Rough & Tough did not have the right to transfer Ms. Howard's ring without her written consent, and the sale of her property was probably not a legal sale.
________Does a pawnbroker have the right to transfer pawned property or interest in that property without written consent of the pawner?
________Pawned property cannot be transferred within a year from the pawner's default without written consent of the pawner. Illinois Pawnbrokers Act, 205 Ill. Comp. Stat. 510/10.
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