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LEGAL BRIEF 4 - Who should West be able to recover the...

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LEGAL BRIEF OF CASE ____16.9_______ Case name, citation, and court: West v. Roberts, 143 P.3d 1037 (Colo. 2006) Summary of key facts: Kenneth West sells his 1975 Corvette to Robert Wilson. Robert Wilson paid West with a cashiers check and West signed over the title. After 10days West found out the cashiers check was a forgery and reported the vehicle stolen. The police could not locate Robert Wilson or the vehicle. Two and a half years later the police found the corvette. It was in the possession of Tammy Wilson who had the certificate of title which she states she bought from her brother. West filed a suit in the Colorado court to reclaim the car from Roberts. The Issue : Is the certificate of title to Tammy Roberts has voidable?
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Unformatted text preview: Who should West be able to recover the corvette or cost the corvette from? Is the man claiming to be Robert Wilson still liable for the cost of the vehicle? The Holding : Robert Wilson should be liable for the cost of the vehicle. Tammy Roberts has a voidable title but West cannot obtain the corvette from Tammy Roberts. West should also be awarded some type of damages. Summary of your reasoning: Tammy Roberts can keep the corvette because she was a good faith purchaser. A person with a voidable title has power to transfer a good title to a good faith purchaser even though it was procured through fraud. Tammy was unaware of the fraud so she is not liable for the damages the original owners cost....
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