Saturday, August 21, 2010

Help with this business law case study about sales! Points for best answer! All help is appreciated!?

Dechert's camera fails to focus properly so he takes the camera to a camera store to get it repaired. The store sells new and used cameras, and also repairs cameras that have a problem with them. When Dechert returns to the store a week later to pick up the camera, the store informs him that it has been misplaced, and they can not find it. It turns out after the camera was fixed, a dishonest employee sold it to a customer who came in to buy a used camera. If Dechert finds out the name of the customer who bought the camera can he recover it from the customer?





Please help answer that question, I can not figure it out. What laws support the answer? Thank you so much for your help!Help with this business law case study about sales! Points for best answer! All help is appreciated!?
Yes, it is stolen property.





The customer also has a case against the camera store, if the camera is confiscated.Help with this business law case study about sales! Points for best answer! All help is appreciated!?
if dechert accepted compensation from the store,and comes across the camera,he has no further claim to the property,if the loss is still outstanding,he should call police with a copy of the loss report,assuming he reported the loss to police at the time of discovery
The plaintiff would have a civil case for conversion and be able to recover the camera through a process known as replevin (an action to recover the property) from the person in current possession of the camera. The plaintiff would not only have a civil case of conversion against the person in current possession of the camera, but also a case against the store (the employee and probably the company via respondeat superior). The customer might also have a breach of contract claim with the store as well, which is a contract claim - in addition to the tort claim of conversion (they might also be able to throw in a trespass to chattel tort too). The store employee might also be subject to a criminal charge based on his knowing and willful actions (because ';crimes'; usually require an element of intent). The person in possession of the camera would not be subject to criminal penalties for receiving stolen property, unless the customer received the stolen property knowingly, or reasonably should have known, it was stolen. Hope that sends in you in the right direction. Good luck in your class.

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