Project 1
Legal Memorandum
Your assignment is to write a three to five page legal memo
analyzing the fact pattern below. You
are to discuss the parties and relevant issues in a thorough analysis. These issues deal with tort and
Constitutional law. This is not an
exercise in memory. Lawyers refer to
resources all of the time when they are researching their legal problem. Use the course resources, weekly cases and
case summaries to your advantage!
I am not as interested in your outcome (who will end up
winning in court) as I am in how you use the law to support your
conclusion. Base your answer only on the
facts given. This Project focuses on
the material assigned for Weeks 1-3 only.
Please analyze and address the questions (Two parts, I and
II) regarding the following case scenario:
Case Scenario: Shoppers Mart, Inc., a large retail super
market store that sells a variety of products, has had an eventful couple of
weeks.
Part I:
There have been heavy rains in the area all week. On
Wednesday, a ceiling tile that had become wet from a leaking roof in Shoppers
Mart due to the heavy rain storms earlier in the week fell and hit some bags of
peanuts causing the nuts to spill across the store aisle. Nicole, a customer,
entered the aisle, slipped on the peanuts and broke her leg and arm. The
manager of Shoppers Mart was unaware of the leaking roof and the wet ceiling
tile and unaware that the peanuts had spilled onto the store floor.
Part II.
On Friday, a small group of political protestors carrying
signs and quietly chanting were marching back and forth the full length of the
public sidewalk in front of Shoppers Mart.
Shoppers Mart encompasses the entire block by the public sidewalk with
entry and exit doors located directly in the center of the store building, and
with privately owned parking in the back of the store. Sometimes the protestors
were at either of the two ends of the sidewalk in front of Shoppers Mart, and
thus, not directly in front of the entry/exit door doors to Shoppers Mart. The
protestors did not walk on or enter the private parking lot owned by Shoppers
Mart; the protestors did not stop and congregate in front of the store or its
entry/exit doors at any time. The management of Shoppers Mart believed that the
protestors were impeding the ingress and egress of customers into Shoppers Mart
end therefore interfering with business.
Shoppers Mart called the police to have the protestors removed.
The police did not arrest the protestors but did require
them to stop marching and move away from Shoppers Mart.
Assignment
Part I:
A. How likely is Nicole to win a negligence case against
Shoppers Mart for her injuries resulting from slipping on the peanuts? Why?
B. Consider whether any, legal defense(s) could be raised by
Shoppers Mart. Are any legal defenses likely to be successful in negating
liability for Shoppers Mart? Why or why not? (Tip: Stick only to the facts in
the case, do not assume any facts not given.)
Part II:
A. The protestors want to sue the City for violation of
their constitutional rights. Specifically, what legal claim could the
protestors sue for and why?
B. Could the protestors be convicted of trespassing against
Shoppers Mart? Why or why not?
Project 2
Instructions: Write a
3-5 page paper in response to the fact scenario provided below. The paper must be double-spaced and include a
list of work cited (not included in the page count). You may use outside sources for this paper
but you are not required to. All of the
information you need to complete this paper is provided in the course
materials. However, you still need to
include in-text citations when you use any source in this paper. The paper must
be submitted into your Assignment folder.
Fact Scenario – Part 1:
Contractors, Inc. contracted with YourCollege to build a 20-room,
2-story classroom building, constructed of gray bricks, and according to
architectural specifications provided by YourCollege. The building is to be located on campus at
the corner of Campus Way and Academic Avenue at a contract cost of $5,000,000,
and to be completed by August 1, 2016.
This August 1 deadline would give YourCollege just enough time to move
into the building and prepare the inside for classes to begin August 14. Your
College informed Contractors that time was of the essence and that this is a
tight timeline for moving into the new building.
The valid, written contract read, in part, as follows:
CONTRACT
We, the undersigned, party of the first part, hereinafter
YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following:
1) Contractors, Inc. will build a 20-room, 2-story classroom
building constructed of gray bricks, at the corner of Campus Way and Academic
Avenue, in accordance with the architectural specifications stipulated by
YourCollege and attached hereto and in compliance with building codes
and regulations for new construction;
2) Contractors, Inc. will complete the construction project
at a total cost of $5,000,000, inclusive;
3) Contractors, Inc. will complete the construction project
not later than August 1, 2016. Time is of the essence.
YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,000,000 not later than August 7, 2016.
Signed:
John Smith [sign]
John Smith
President, YourCollege
Date: January 10, 2016
Signed:
John Doe [sign]
John Doe
President, Contractors, Inc.
Date: January 10,
2016
Fact Scenario – Part 2
On May 28, 2016, after the construction was more than half
completed, the cost of bricks used for construction of the building increased
substantially in the marketplace so that Contractors could no longer construct
the building for $5,000,000. Contractors told YourCollege that it would need an
additional $250,000 to complete the building using gray bricks on the exterior.
YourCollege agreed to modify the original contract to increase the construction
costs by $250,000, bringing the total cost of the project to $5,250,000.
YourCollege and Contractors drew up the following contract
modification as an addendum to the original contract:
CONTRACT ADDENDUM
We, the undersigned, party of the first part, hereinafter
YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following modification to the original agreement:
1) In addition to the contractual agreed upon cost of
$5,000,000, YourCollege will pay Contractors, Inc. an additional $250,000 to
build a 20-room, 2-story classroom building constructed of gray bricks, at the
corner of Campus Way and Academic Avenue;
2) YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,250,000 not later than August 7, 2016;
3) This modification does not in any way change any other
terms of the original contract (attached hereto).
Signed:
John Smith [sign]
John Smith
President, YourCollege
Date: June 1, 2016
Signed:
John Doe [sign]
John Doe
President, Contractors, Inc.
Date: June 1, 2016
After the contract modification, Contractors continued to
work on the building but did not meet the August 1 completion deadline. The
building was completed on August 21, 2016.
In the meantime, fall semester classes began at YourCollege
on August 14, making it necessary for YourCollege to lease classroom space from
August 14-September 4, 2016. YourCollege necessarily had to hold classes in the
leased space for 3 weeks until September 4 because it took 2 weeks (from August
21) for YourCollege to move into the new building and prepare it for classes.
The lease costs were $5,000 per week, for a total of $15,000 for 3 weeks.
YourCollege paid Contractors $5,000,000 on September 4, but
refused to pay the additional $250,000. YourCollege filed suit against
Contractors for breach of contract.
Contractors countersued YourCollege for breach of contract.
Questions to Address
in your Paper:
Please label each part of paper as listed below.
Part I: Discuss the basis of a breach of contract claim by
YourCollege against Contractors, any potential damages YourCollege could claim
and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
Part II: Discuss the basis of a breach of contract claim of
Contractors against YourCollege, any potential damages Contractors could claim
and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
NOTE – You must provide a detailed analysis and scrutiny of
the facts in this case. You should
identify: a) the legal issues presented, b) the relevant rules of law that
apply, c) your analysis of the case and d) your conclusions about the
outcome. In order to earn full credit,
your analysis must be well supported by legal principles found in your
sources. If you assert your opinion or
your conclusions, it is important to show how you arrived there. What are you relying upon to draw your
conclusions (what facts and what laws)?
Please let me know if you have questions.
Final exam
Exam Instructions:
Open book exam: may use textbook, class notes/lectures,
class conferences (do not use the internet as many legal sources are
inaccurate; you do not need any material other than the textbook, class
notes/lectures, class conferences to complete the exam).
No time limit on the exam. But you must submit by 11:59 p.m.
Saturday, July 15, 2017
The exam is worth a total of 100 points.
The Final Exam has two parts and which are in different
sections of the classroom.
Multiple Choice – Found under Quizzes. 20 questions (2 points each). Total 40 points.
Essay – Found under Content Final Exam. You will post your response to the essay
questions in the Assignment Folder. Six questions (various points for each
question). Total 60 points.
You may complete either section first.
Specific Directions –
Multiple Choice
You may start and stop this section as often as you
like. However, once you submit your
answers, you may not return to the exam.
Ensure that you intend for your answers to be complete.
Specific Directions – Essay
Answer each question in complete paragraphs; do not list or
answer in phrases (points will be deducted for doing so). None of these questions can be
adequately/comprehensively answered in just a paragraph, so be comprehensive, in
depth in your answers, but be careful to not include irrelevant information.
You should use good business writing which includes HEADINGS
AND SUB-HEADINGS to guide your reader. Long rambling paragraphs without focus
is not good business writing. Points will be deducted for failing to use good business
writing. If the question is multiple
parts (A and B), you must answer each section separately. Label it.
Points will be deducted for answers that are not well
justified, not sufficiently comprehensive.
Use APA for in-text citations, as appropriate but please do
not use direct quotes. Use only classroom notes/comment and assigned reading or
watching materials as resources, which is all you need to complete the exam.
DO NOT use any outside, internet resources as they are often
inaccurate.
Answer all parts of each question. Be sure to directly answer the question(s)
asked.
Submit exam preferably in word doc to assignment folder
under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY
RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the
correct file. If I can’t open the
document, I can’t grade it and you will receive a zero. Once you submit your
exam, I will begin the grading process. Ensure
that you intend to submit your exam.
