Hayes Hopes that Tooth Fairy Returns Super Bowl Ring
Forced to pawn it for dental emergency
The mess began started last April when he attended a charity autograph signing for the Children's Miracle Network in Reno, Nevada. Immediately after the signing he felt the pain from an abscessed tooth. Since he was four hours from his home in Modesto, California, he went to the first dentist that he could find. Hayes did not have his wallet or any money with him to pay the dentist.
According to the Boston Globe, Hayes related his story: "in unbearable pain I drove to a pawn shop and hocked my Super Bowl XVIII ring for $800." He claims that he got a receipt that stated he had four months to pick it up at the $800 price plus 10% interest per month. Hayes then got his tooth fixed and returned home.
When he still did not pick up the ring by Super Bowl week, Palace Jewelers, the pawnshop, put the ring up for auction on eBay, and within 24 hours the bidding was up to $11,000. When Hayes learned of this he attempted to repurchase the ring from the shop owner for $16,000. The pawn shop owner refused claiming that it would destroy her credibility in future eBay auctions.
The ring eventually went to an anonymous bidder for $18,200. Hayes is now trying to sue on a technicality, claiming that he should have been notified via registered mail before the ring was put up for sale.
A law school problem -- Bailments
This is the type of case fit for law school exams. The issues deals with an area called bailments. This traditional area of commercial law deals with possession of one's property, and the rights which derive from that possession. Pawnshops often act as bailees as the bailor (the owner) uses the item as collateral for a loan. If the agreement stipulates that the loan is not paid by a certain time, ownership turns to the pawnshop, which could sell it to anyone. If, of course, the pawnshop, acted improperly, then the bailor (Hayes) could sue to get possession of the ring back.
But even if the pawnshop improperly sold the ring to a third person, Hayes may not get it back from that new owner. The Uniform Commercial Code states if the pawnshop had legitimate possession of the property an innocent third party buyer will get title to the goods, if that person was a good faith purchaser.
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