This means that attorneys should not simply write their recollection of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them. The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case. Since each case is bound to produce multiple legal memorandums, it is always a good idea to establish a numbering sequence in the heading.
I hope you've been well. Recently you wrote to us that Loman's Fashions had been sued by a shopper in Small Claims Court for a breach of contract.
As you've described it, the shopper claims that she responded to an ad for a "manufacturer's closeout" of designer leather coats; the ad stated that the "early" shopper would "catch the savings. Specifically, you have asked for advice on the question whether Loman's breached a contract with the shopper under the circumstances.
After researching the issue, and based on the facts set out below, I believe that a court would likely conclude that Loman's did not enter into a contract with this shopper because the advertisement was not an offer to sell the coats; thus, there was no contract that Loman's could breach.
I will explain this conclusion more fully below after first setting out the facts as I understand them. The ad announced that the store would open at 7 a.
She then complained that Loman's was obligated to sell her a comparably valued designer leather coat at the advertised price. The store manager declined, and the shopper filed a complaint in Small Claims Court, claiming that Loman's had breached a contract by failing to sell the advertised leather coats at the advertised price.
You mentioned to me that the store occasionally gives rain checks when it is possible to replenish supplies of an item that Loman's can purchase at a discount.
In this case, the manufacturer had discontinued the line of coats and Loman's was not willing to sell other, designer leather coats at such a drastic markdown.
You are concerned that, if the shopper's interpretation were to be honored, Loman's would have to reconsider its marketing strategies. Although you had assumed that the advertised terms applied only while supplies lasted, your ad had not included language to that effect.
Under these facts, a court would likely apply the well-settled law that a general advertisement that merely lists items for sale is at best an invitation to negotiate, not an offer to form a contract.
For example, where an advertisement containing terms for sale was missing the amount of goods available for sale, a court held that the seller had not made an offer that was complete and definite in all material terms. Thus, no contract was ever made between the seller and a person who submitted a purchase order.
By announcing that "the early bird catches the savings," the ad implied that the supplies would run out. Thus, no contract came into existence from this transaction. Although the additional text might increase the cost of advertising, in the long run inserting this additional language in the ads could save you time and the costs involved in defending claims such as this one.
Please feel free to call my office at if you have questions, or would like to set up a time to meet. The factual criteria of the rule for offers under contract law, discussed in the following paragraph of the letter, are the source of the legally significant facts.Drafting a Client Letter Suwyn, Siska & King Attorneys at Law Main Street Flushing, New York () October 23, Willi Loman Loman's Fashions Seventh Avenue New York, New York Dear Ms.
Loman: I hope you've been well.
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Memo _ Thompson Writing Program, Duke University, ^Policy Memo _ Presentations The Harris School of Public Policy, The University of hicago, ^Introduction to Policy Writing for Public Policy Professionals The East-West Center, ^How to Write an Effective Policy Memorandum _ Selected examples Answer the key questions for each sample memo.
Your assignment is to assist Judge Semitsu by writing a bench memo that summarizes the applicable law with respect to a motion for preliminary or at least for use as a writing sample.
It will count for 60 points -- or 30% of your grade -- in this course. legal conclusions, which is attached to these instructions. I also have the covers. Legal writing includes the preparation of documents such as office legal memoranda, legal correspondence to clients and other individuals, litigation documents that will be filed with a court, and transaction documents prepared for clients’ use, such as contracts.