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What is North Carolina's SOL for acts of replevin?
3 years
(1) Does NOT apply the discovery rule.
- (a) Strict rule
- of 3 years is all you get. Doesn’t matter if you use due diligence to seek
- possessor
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Define replevin:
- a writ obtained from a court authorizing the
- retaking of personal property wrongfully taken or detained.
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What are the 2 types of rules/approaches for AP of Chattels?
- i) Discovery Rule—NJ Approach:
- due diligence+ID cause of action+SOL
ii) Demand and Refusal—NY Approach: R+D+SOL=AP wins chattel
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Define the Discovery Rule—NJ Approach:
- SOL does not begin until the TO, by due diligence,
- discovers the basis of the cause of action by identifying the possessor of the
- chattel
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SOL does not begin until the TO, by due diligence, discovers the basis of the cause of action by identifying the possessor of the
chattel
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What type of remedy is the discovery rule/NJ approach?
- Equitable
- Remedy that a court will identify, evaluates, and weighs the equitable claims
- of all parties.
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Define due diligence
- Due
- diligence—vary w/ the facts of each case, including the nature and value of the
- property
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Who has the burden of proof in when the discovery rule applies?
- Burden on proof on the TO (b/c the TO must
- demonstrate due diligence by conduct).
- Different from straight AP…. Burden on AP to prove SOL and 5 common law
- elements
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Can the discovery rule apply to thieves AND good-faith purchasers?
Yes, Applies to both good-faith purchasers and thieves
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Define the Demand and Refusal/ NY approach to AP of Chattels:
- SOL will not begin against a good faith purchaser
- until the TO demands the return of the chattel and the possessor refuses to
- return it
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Does demand and refusal apply to thieves AND good faith purchasers?
NO... does NOT apply to thieves
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Define defense of laches:
What is this doctrine applied... in what jurisdiction usually?
- Equitable defense
- of laches—inaction assents to good-faith purchaser’s right to title of chattel
- (a) TO must make
- a prompt demand… unfair to make a demand after 10 years of knowledge chattel
- was in the possession of another.
(b) AP must raise this defense himself
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What kind of title does a thief have to property that is stolen?
What is the common law rule for theft and a transfer of title?
- Common Law
- Rule: Void title (from thief) cannot provide good title to another
(1) A theft CANNOT convey good title b/c thief has a void title; Purchaser cannot obtain good title from a thief
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When does voidable title occur?
Can voidable title transfer good title?
- Voidable
- title can transfer good title to a good faith purchaser
- (1) Delivery of goods was in exchange for a check that
- is later dishonored (bounced
- check)
Void --- Good Title NOT possible
Voidable--- Good Title OK
- IE: A buys car w/
- bounced check from Z. A has voidable title. A sells car to Y. Y has good title.
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