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Old 09-28-2015, 09:34 AM
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Peter_Spaeth Peter_Spaeth is offline
Peter Spaeth
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Quote:
Originally Posted by chipperhank44 View Post
I agree with this statement, but disagree with how you are applying it to this situation.

Once fully paid for, the OP was the owner of the card. The seller may have still had possession of the card, but ownership had changed hands.

So yes, a card is yours until its not, but I think in this case.....it was not the seller's card anymore.
So if an instant after the deal was done Dan's house had burned down and the card with it, Eric would have been out of luck because he was now the owner? No, because Dan still had title according to the law, until he completed his obligations with respect to shipping.

Section 2-401(2) of the UCC provides that “title passes to the buyer at the time and place at which seller completes his performance with reference to the physical delivery of the goods.”

But all that, to me, is beside the point.
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Last edited by Peter_Spaeth; 09-28-2015 at 09:38 AM.
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