Negotiable Instruments Case Problem
LAW001 Business Law 1
Week 15 Assignment
Negotiable Instruments Case Problem
Chapter 25 – Negotiable Instruments
A. Read the case GMAC v Honest Air Conditioning & Heating (Links to an external site.).
B. Study the Whiteboard (Links to an external site.) and
ProfJ video (Links to an external site.)
C. Carefully explain in your own words (paraphrase and do not copy from the case) the following statements below:
“In contrast, the RISC in this case creates a series of obligations upon the vehicle purchaser, requiring the buyer ‘to buy the vehicle on credit under the agreement’; ‘to pay the creditor the amount financed and finance charge according to the payment schedule’; and to give ‘the creditor a security interest” in the vehicle.'”
“Although Honest Air and Mr. Babcock are not entitled to relief based upon section 673.6051, we must determine whether relief due to the alleged impairment of collateral is otherwise available.”
“It is apparent that in the commercial setting in which it operates, GMAC of necessity bears some risk of loss.”
“This court’s function is not to evaluate the economic prudence of GMAC’s policies.”
“Among other things, the debtor agrees not to remove the vehicle from the United States and to reimburse advances made by the creditor in payment of repair or storage bills, and the creditor agrees to dispose of the collateral in certain ways following repossession.”
Provide the name of the party who won the case as well as the main legal reasoning of the court.
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