NINJA 394
Under the Secured Transactions Article of the U.C.C., which of the following security agreements does not need to be in writing to be enforceable?
A. A security agreement collateralizing a debt of less than $500
B. A security agreement where the collateral is highly perishable or subject to wide price fluctuations
C. A security agreement where the collateral is in the possession of the secured party
D. A security agreement involving a purchase money security interest
You answered A. The correct answer is C.
When the secured party can take possession of the collateral as part of the security agreement, the agreement is enforceable without writing.
A security agreement collateralizing a debt under $500, where the collateral is highly perishable or subject to wide price fluctuations, or involving a purchase money security interest (PMSI) must be in writing.
I get why C is the right answer, but I don't see in my Becker book why A is the wrong answer.
BEC - 79
REG - 85
AUD - 5/27/16