Gravel & Sand,Inc. ,buys a backhoe on credit from Heavy Equipment Corporation,but does not make a payment on the loan for sev?eral months.Heavy repossesses the backhoe by towing it from a pub?lic street.Green sues Heavy for breach of the peace.Gravel & Sand will probably

Question

Quizplus · Accepted Answer

In most states, as long as the repossession company does not breach the peace during the repossession (such as by using physical force or causing a disturbance), they have the legal right to repossess the property. In this case, since the backhoe was parked on a public street, Heavy likely had the right to repossess it without a court order. Therefore, Gravel & Sand is unlikely to prevail in a breach of peace claim.