> If I sold you my car, and I wanted my stereo but forgot it, the first sale doctrine covers the whole thing as delivered. If I was to go to the car, while in your ownership and possession, and attempt to remove the stereo, you'd call the cops for vehicular theft.
You could just have included the stereo explicitly in the contract. This happens all the time in large purchases like real estate. You would of course need to enforce the contract in a different way than breaking into their car, but it would be enforceable as long as the contract as worded doesn’t run afoul of state and local laws. Not doing that, and forgetting to remove it, well… it seems like consumers are giving up a very large concept of ownership for marginal seller use cases, charitably. Uncharitably it seeks to be a lower grab and cut contract law out of the equation.
Edit: slight rephrasing because I misread your argument, I think we are in agreement
You could just have included the stereo explicitly in the contract. This happens all the time in large purchases like real estate. You would of course need to enforce the contract in a different way than breaking into their car, but it would be enforceable as long as the contract as worded doesn’t run afoul of state and local laws. Not doing that, and forgetting to remove it, well… it seems like consumers are giving up a very large concept of ownership for marginal seller use cases, charitably. Uncharitably it seeks to be a lower grab and cut contract law out of the equation.
Edit: slight rephrasing because I misread your argument, I think we are in agreement