Reference - 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 taking possession of Barry's convertible?
A) Tina breached the peace because she did not provide Barry prior notification that she was going to repossess the vehicle.
B) Tina breached the peace because she took the vehicle from a public lot.
C) Tina breached the peace unless she can establish that Barry gave her prior permission to repossess the vehicle in a public lot.
D) Tina did not breach the peace because she acted in a reasonable manner in taking the collateral.
E) Tina did not breach the peace because Barry sustained no documented physical injury.
Correct Answer:
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