written response to problem

For the written response to the problem, I would encourage you to try to show that you can identify and explain the legal issue in the problem, tell me (briefly) what the relevant rule is (or factors that a court might consider), and apply the rule to the facts in the problem to arrive at a conclusion. As mentioned in class, I am not looking for the "correct" answer - there may not be a correct answer - but rather an explanation of how you would respond to the problem and then support your answer by referring to relevant legal principles and facts in the problem.

One way to think about this is via the "IRAC" method: Issue, Rule, Analysis, Conclusion - meaning try to identify the legal issue, explain the general rule applicable to the legal issue, analyze the facts in light of the issue and rule, and then reach and support your conclusion based on the foregoing.

For most problems you should be able to answer in a page or less, e.g. I don't need you to restate the facts and I don't need you to copy the textbook - instead I want you to develop comfort with the legal issues and try to reach a conclusion.

6. On November 18, Firestone & Company made a loan to Edmund Carroll, doing business as Kozy Kitchen. To secure the loan, a security agreement was executed, which listed the items of property included, and con- cluded as follows: "together with all property and ar- ticles now, and which may hereafter be, used or mixed with, added or attached to, and/or substituted for any of the described property." A financing statement that included all the items listed in the security agreement was filed with the town clerk on November 18 and with the secretary of state on November 22. On November 25, National Cash Register Company delivered a cash register to Carroll on a conditional sales contract. Na- tional Cash Register filed a financing statement on the cash register with the town clerk on December 20 and with the secretary of state on December 21. Carroll de- faulted in his payments to both Firestone and National Cash Register. Firestone repossessed all of Carroll's fix- tures and equipment covered by its security agreement, including the cash register, and then sold the cash reg- ister. National Cash Register claimed that it was the title owner of the cash register and brought suit against Firestone for conversion. Did Firestone or National Cash Register have the better right to the cash register