Question

This is all i could figure out i can only figure out the issue part but can't seem to figure out what the rule is for this type of irac?

Sam purchased a mountain bike online and had it shipped to him. The bicycle was damaged during shipping, so Sam took the bike to a local bicycle shop to be repaired. The bicycle shop sells and repairs bicycles in the ordinary course of its business. The shop owner prepared a claim check for the bicycle and gave it to Sam. After the bicycle was repaired, a clerk at the bicycle shop sold the bicycle to Mary Sue who bought it to give to her son for his birthday present. When Sam came to pay for the repair and presented the claim check for his bicycle, the clerk realized that he had sold Sam’s bicycle to Mary Sue.

ISSUE: Is Sam entitled to recover possession of the bicycle from Mary Sue and her son?

RULE:

ANALYSIS:

CONCLUSION:

Answer 1

ANALYSIS

AS WE can understand from the given case that SAM who Purchased bycycle online was defective and damaged while shipping to him. Later on , He went to Byclcle repair shop for reparing and where he was was presented a cheque of claim. But unfortunately one shop clerk who by mistake sold hs repaired bycycle to MAry Sue . MAry Sue bough this bycycle for her son's birthday present.

WE can understand that MAry Sue doesn't know that this bycycle belong to SAM and she was purchasing for good cause and there is no any link between SAM and MARY SUE.

CONCLUSION

SAM Can't claim any amount from Mary Sue and her Son as Mary has Paid to the clerk entire amount just like buying directly from the shop. However, SAM is still having right to claim recovery from shop clerk for showing negligece in his work .