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Old 08-14-2002, 03:59 PM
MysticCat MysticCat is offline
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Join Date: May 2002
Location: A dark and very expensive forest
Posts: 12,737
Thumbs up You Win the Paper Chase

You make an A in Sales and Secured Transactions, IvySpice.

And there is also the contract issue with regard to ownership of badges. It isn't enough for an agreement or policy to say that a badge is to be returned to HQ upon the death/termination of membership of the member. Unless the agreement (whether an actual signed agreement or a constitutional/by-law provision to which a member has constructively agreed by becoming a member) actually states that a badge remains the property of the national GLO and is provided to the member only for his or her use while a member in good standing (or words to that effect), then there is not, I don't think, a basis for saying that the badge is not the property of the member. And as you say with regard to the Uniform Commercial Code, even if there is such an explicit agreement, if the member sells the badge on e-bay and the buyer is not aware of the agreement, then the buyer is unquestionably the owner of the badge. The national GLO could sue member for breach of contract, but it could only recover the value of the badge, not the badge itself.

So did you take the bar exam last month? If so, my fingers are crossed for good news in the next few weeks. Welcome to the bar!
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