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What is North Carolina's SOL for acts of replevin?
(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
- a writ obtained from a court authorizing the
- retaking of personal property wrongfully taken or detained.
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
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
SOL does not begin until the TO, by due diligence, discovers the basis of the cause of action by identifying the possessor of the
What type of remedy is the discovery rule/NJ approach?
- Remedy that a court will identify, evaluates, and weighs the equitable claims
- of all parties.
Define due diligence
- diligence—vary w/ the facts of each case, including the nature and value of the
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
Can the discovery rule apply to thieves AND good-faith purchasers?
Yes, Applies to both good-faith purchasers and thieves
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
Does demand and refusal apply to thieves AND good faith purchasers?
NO... does NOT apply to thieves
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
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
When does voidable title occur?
Can voidable title transfer good title?
- 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
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.