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Posted: November 19th, 2022
WRITING ASSIGNMENT 1. DUE OCTOBER 6, before 4 pm
You are a personal injury lawyer. Myra Smith has come to you for advice. Please prepare a memo to your client.
Your clientinforms yout that she has a medical condition that causes her to have occasional, unexpected, very severe migraine headaches. She can significantly reduce her chances of a migraine attack when she takes anti-migraine medication, regularly twice a day. Myra is a successful personal trainer and wants to maintain her image as an extremely healthy person. As a result, she is very discreet when taking her medication and makes sure not to take it in front of others, which sometimes causes her to miss a dose.Skipping a dose inceases the likelihood of her having a migraine.
One evening, after spending most of the day with friends, Myra offered her co-worker, Kenny, a ride home. He gladly accepted. Myra had skipped her medication earlier that afternoon because she did not want to take it in front of her friends. Myra was driving the car within the speed limit when she suddenly felt a migraine a migraine coming on. As a result of the increasingly severe headache, Myra crashed into a light post on the side of the road. Fortunately neither Myra nor Kenny were killed.However, Kenny was seriously injured and broke both of his legs. Jared was riding his bike on the opposite side of the street. He was so busy watching the accident that he ran into a tree and was knocked unconscious .
Myra has come to you for advice. She tells you that both Kenny and Jared have told her that they intend to sue her.
Advise Myra as follows: (A) Is Myra liable to Kenny for his injury? EXPLAIN FULLY. (B) Is Myra liable to Jared for his injuries? EXPLAIN FULLY
REMEMBER: This is a writing assignment. You may go to the Writing Center for help, if you choose. I will be considering grammar and sentence structure. Of course, you will also be graded on the accuracy of your answer. You may consult your textbook if you need help.
Your client, Bob Buyer, comes to your office on November 1 and tells you the facts set forth below. Bob wants to know if he has any remedies that will enable him to buy the farm, Blackacre, from Sam Seller.
You tell Bob you would like to think about his problem and will send him a letter or a memo of advice ON OR BEFORE NOON ON NOVEMBER 4.
FACTS:
Sam and Bob have been talking about the possible sale of a farm owned by Sam.
Sam said he was only mildly interested in selling. Bob, who had brought up the subject in the first place, thought the price Sam mentioned was too high.
On September 1, Bob signed and sent the following letter to Sam:
“During our talk last week, you insisted you could not possibly sell your farm, Blackacre, for less than $50,000. I need more time to decide whether to pay that much, but I would like to receive your offer to sell Blackacre for that amount. I need 30 days to decide. Enclosed is my check for $50. If you are interested, answer this letter within 10 days.”
Sam received this letter on September 6. On September 15, Sam replied by mail. His signed letter read, in part, as follows:
“Receipt is acknowledged of your check. I could not possibly sell Blackacre for less than $50,000.”
Sam’s letter was received by Bob on September 19. Thirty days later, on October 19, Bob decided to purchase.
On October 19, Bob called Sam on his landline and on his cell but received no answer. Sam was deep sea fishing in an area that had no cell service. Bob then decided to send a letter to Sam stating, “I hereby accept your offer to sell Blackacre”. Bob put the letter in the mailbox on October 19. Sam received the letter on October 21.
In a letter dated October 25, Sam refused to sell.
NOTE:
I will deduct a half grade for every 30 minutes this assignment is late. For example, if your grade would have been A-, it will be reduced to B+
I will deduct a full grade if you do not type your memo or letter directly into an email. NO attachments, GoogleDocs etc. For example, if you do not follow these instructions
a grade of B will be reduced to C.
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