Barbri Secured Transactions Practice Test

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How do buyer's rights operate in the context of a security interest in goods?

They always override any secured party's interests

They can supersede a secured party's interest if goods are bought in the ordinary course

Buyer's rights in the context of a security interest in goods are primarily governed by the UCC (Uniform Commercial Code). When goods are purchased in the ordinary course of business, a buyer can take them free of a security interest even if the secured party has properly perfected that interest. This principle is designed to facilitate commerce and protect buyers who are acting in good faith, thereby encouraging transactions in the marketplace.

The specific provision that supports this is UCC § 9-320, which states that a buyer in the ordinary course of business takes goods free of a security interest created by the seller, even if that interest is perfected. This means that, under normal buying circumstances, the buyer does not have to worry about pre-existing security interests attached to the goods they are purchasing. This legal protection is crucial for ensuring that buyers feel secure in their purchases and can operate confidently in the marketplace.

Other options do not accurately reflect how buyer's rights interact with secured interests. While buyers hold significant rights under specific conditions, they do not always override a secured party’s interest unless the purchase is made in the ordinary course. Additionally, the relevance of buyers' rights is not completely absent; rather, it assumes a critical role under defined circumstances. Lastly, the rights of buyers

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They hold no relevance to security interests

They depend solely on the seller being in default

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