NEMO DAT problem question

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LaurenC66
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#1
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#1
Hi, can anyone possibly help with this question. The first paragraph concerns the mercantile agent exception but the remaining two paragraphs have really confused me. Buyer in possession, seller in possession?


Ben is employed as a garage mechanic but devotes his spare time to restoring Morris Minor cars which he then sells. Over the last three years Ben has sold five Morris Minor cars after carrying out restoration work. Ann asks Ben to restore her old Morris Minor and to find out what it could be sold for. Although Ann leaves the registration document in the car, she specifically instructs Ben not to sell the car without checking with her first.

After restoration Ben takes Ann’s car to the annual meeting of the Brighton Morris Minor club where Colin offers £6,000 for it. Ben agrees to sell the car to Colin and takes his cheque for £6,000 but Colin agrees that Ben can keep the car until the end of the show as it is entered into the best restoration competition. Later that day Della offers Ben £7,000 for the car and gives Ben a banker’s draft for that amount. Ben accepts it and lets Della take the car.

Sadly it turns out that the banker’s draft was a forgery. The car is now in the possession of Gerry who has it on hire purchase from Flete Finance plc. Flete Finance bought it from Elizabeth who bought it from Della in good faith.


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emmara02
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hello
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emmara02
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#3
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(Original post by emmara02)
hello, Hi, can anyone possibly help with this question. The first paragraph concerns the mercantile agent exception but the remaining two paragraphs have really confused me. Buyer in possession, seller in possession?
Ben is employed as a garage mechanic but devotes his spare time to restoring Morris Minor cars which he then sells. Over the last three years Ben has sold five Morris Minor cars after carrying out restoration work. Ann asks Ben to restore her old Morris Minor and to find out what it could be sold for. Although Ann leaves the registration document in the car, she specifically instructs Ben not to sell the car without checking with her first.

After restoration Ben takes Ann’s car to the annual meeting of the Brighton Morris Minor club where Colin offers £6,000 for it. Ben agrees to sell the car to Colin and takes his cheque for £6,000 but Colin agrees that Ben can keep the car until the end of the show as it is entered into the best restoration competition. Later that day Della offers Ben £7,000 for the car and gives Ben a banker’s draft for that amount. Ben accepts it and lets Della take the car.

Sadly it turns out that the banker’s draft was a forgery. The car is now in the possession of Gerry who has it on hire purchase from Flete Finance plc. Flete Finance bought it from Elizabeth who bought it from Della in good faith.
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