About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

TENTATIVE DRAFT 2, QUESTIONS SUGGESTED FOR DISC. [i] (May 12-14, 1938)

handle is hein.ali/relwsec0513 and id is 1 raw text is: The American Law Institute
SECURITY TENTATIVE DRAFT No. 2
Questions Suggested for Discussion at
Sixteenth Annual Meeting
May 12-14, 1938
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. § 15. Where a pledgee has the power to make
a valid pledge, for example, of negotiable bonds, al-
though to do so is a breach of duty to a third person, is
this even a partial breach of contract with the pledgeeI
In the alternative, is it a total breach?
2. § 22. Should an unauthorized use by the
pledgee merely make him liable for the loss to the
pledgor and the value of the use instead of constituting
an act of coilversiont
3. §§ 23 and 24. Can there be a conversion by the
pledgee prior to performance or tender by the pledgor?
4. §§ 23 and 24, Is an improper transfer of this
pledged chattel by the pledgee a conversion only of the
pledgor 's interest?
5. §§ 23 and 24. Is a repledge for a smaller amount
than the pledgee's claim a conversion if made without
authorization?
6. §§ 23 and 24. Would it be a desirable rule to
make a conversion by the pledgee depend upon an
irrevocable separation of the claim and the pledge?

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most