Signature Assignment: Conduct an Analysis of a Contract and Remedies
Feedback:Sources: You greatly improved your consistency with the use of legal sources (focusing on Florida sources). I would research any of the law review articles from any of the law schools in Florida and you can view some of the more recent discussions and debates on aspects of contract law in Florida. Also using those primary sources as well will bolster and strengthen your legal analysis.Grammar/Syntax: Be careful with grammar mistakes in some of your larger paragraphs and transition points.You want to avoid pitfalls with incorrect verb usage. For example: you do not want to write “If you need more info about this,” versus “If you would like to request more information about this legal issue…”Be sure to apply third party voice. Your writing should not directly reflect the writer or the reader, and “I” statements should not be used.Expectations: Improved sources and citations for this final assignment
Assignment Instructions:Tina Tinker makes handmade Christmas ornaments. For the past 3 years, Serenity Store, a local boutique, has ordered Christmas ornaments from Tina, using a purchase order for the ornaments that Serenity sends to Tina in October to give her time to make the ornaments. Each year, Serenity increases the order– last year they had ordered 40 ornaments, paying Tina $7 per ornament. This year, Tina walked into Serenity Store on September 4 and the owner of Serenity, Owen Owens, told her that he wants to double the order from last year – 80 ornaments, to be delivered on November 15 to Serenity. Owen also said that he would pay $8 per ornament this year, for a total of $640. Their agreement is not put in writing; because of their previous business relationship, Tina does not think of it. Instead, they shake hands on the deal. Tina starts making ornaments, spending $250 on supplies. On November 15, Tina delivers the ornaments to Serenity Store. However, Owen tells her that he had ultimately decided to order ornaments from somebody else this year. He acknowledges that he remembers the same details of their conversation in September that she does but says that their handshake did not form a valid contract, and so he will not pay her for the ornaments. Tina is very upset and contacts your law firm for advice.You are asked to write a legal memo to address the issues in this case, including contract formation and the statute of frauds. The lead attorney, Fiona Flax reminds you to start by looking at which source of contract law would apply to this situation if there is a contract. Furthermore, Fiona asks you to also consider options such as promissory estoppel. She also wants you to address the issue of possible remedies, even if your overall analysis concludes that it is doubtful that the contract would be enforceable. Write a legal memo for Fiona Flax, identifying relevant sources of law, including researching case law, for your analysis of Tina’s situation.
I have attached Chapters to read for this assignment. Please read Chapter 3, Section D “Other Grounds for Recover” (all 3 subsections) and Chapter 6, Sections B, C, and E.
References: Include five scholarly/legal references in your assignment.Remember to be consistent with the state that you choose. Use the UCC in addition to state specific case law for one jurisdiction.
This link is useful for BLUEBOOK citations.https://resources.nu.edu/westlawcampusresearch/legalcitations
This assignment should demonstrate an understanding of legal research and writing. You should use critical thinking, practical application and analytical reasoning in completing the assignment. In addition, the assignment should display a good understanding of the substantive content, and demonstrate your ability to communicate information clearly, effectively, and in an appropriate tone. BLUEBOOK standards for legal formatting and citation should be adhered to in this assignment.
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