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Question
Repossession. Tina sold used vehicles. She sold a used pick-up truck to Joan and a used convertible to Barry. She properly obtained a security interest in both vehicles. Both Joan and Barry defaulted on payments owed to Tina for the vehicles. Tina told her assistant, Samantha that the only legal remedy was repossession; that she was going after the vehicles; and that Samantha should call law enforcement if she did not show up at the office by 10 a.m. for the next few mornings. Tina decided that she would repossess Joan's pick-up at Joan's house. Therefore, Tina slipped into the driveway at midnight one night and started the engine. Joan immediately ran out and confronted Tina. Tina shoved Joan away and drove off in the pick-up truck. Tina was able to repossess Barry's convertible in a public parking lot with no altercation with him. Which of the following is true regarding Tina's repossession of the pick-up truck?
A. She improperly breached the peace in recovering the collateral.
B. Tina did not breach the peace in recovering the collateral unless Joan can establish the existence of actual injuries.
C. Tina did not breach the peace because she was entitled to repossess the vehicle and any injury sustained by Joan was her own fault.
D. Tina breached the peace, but only because she did not provide Joan with prior notification that she was coming to repossess the collateral.
E. Tina breached the peace, but only because she acted to repossess the collateral after 10:00 p.m. at night.
Answer
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In order to ensure that a case or controversy exists, the plaintiff must show:
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A. Peremptory challenge.
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C. Stipulated challenge.
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E. Approved challenge.