Author Question: Anne Robertson obtained telescopes from the See-Well Optics Company at dealer prices on the pretense ... (Read 16 times)

c0205847 · **on:** Jun 24, 2018

Anne Robertson obtained telescopes from the See-Well Optics Company at dealer prices on the pretense of being a dealer in optical equipment. See-Well later determined that Robertson was not, had never been, and did not plan to be a dealer in optics. By the time these facts emerged, Robertson had succeeded in selling the telescopes to several individuals located throughout the country. These buyers had responded to advertisements placed by Robertson, who again had represented herself as a dealer in optical equipment. The buyers had purchased the telescopes in good faith at prices consistent with comparable equipment. See-Well located these buyers and demanded that the telescopes be returned as property obtained through fraud. Do the buyers of these telescopes have to return their purchases?

Question 2

What is required to establish undue influence in attempting to set aside a property transfer?
A)Relationship of privilege (Attorney, accountant, priest)
B)Confidential relationship
C)No will
D)None of the above are required

softEldritch · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

No. Because the purchasers gave value and purchased in good faith, they have a valid title even though the telescopes were the subject of fraudulent action by Robertson. If See-Well had uncovered the fraud prior to Robertson's sale of the goods, the firm could have voided her title and demanded the return of the goods. At this point, See-Well must content itself with seeking action against Robertson for fraud.

Answer to Question 2

C