Krista brings her ruby stone necklace to the Necklace Nook to be repaired. The Necklace Nook both sells and repairs jewelry. Kri
sta leaves her necklace at the store until it is repaired. However, in the meantime, the Necklace Nook sells Krista’s necklace to Dan, who is going to give it as a gift to his wife, Megan. Dan, then acquires title to the necklace. Krista cannot reclaim her necklace from Dan (or Megan). Her only recourse is to sue the Necklace Nook. In this scenario, Dan is which of the following?
Since Dan was unaware of the necklace and he buys the necklace from the Necklace Nook to gift it to Megan, his wife, thus Dan becomes a normal buyer in the ordinary course of business who purchases the item from a shop.
Krista can sue Necklace Nook for the fraud but can not file any charges against Dan because he is an innocent buyer of the item. He is not guilty but a normal buyer in the business.
