Assignment #3

Please complete in IRAC memo format

Norman Fell is in your law office and relates the following information: He attended an auction at B & B Antiques, Auction & Realty, a business owned and operated by Ray Thompson, Deborah Thompson, Bo Thompson, and Laura Thompson (collectively 'the Thompsons'). Fell purchased five lamps that were identified at the auction as "Tiffany" lamps and one lamp shade that was also identified at the auction as a "Tiffany" product. Fell spent a total of $56,200 on the lamps. Fell contacted Fontaine's Auction Gallery in Pittsfield, Massachusetts, to inquire about selling the lamps in an auction. Fontaine's sent Dean Lowry, an expert in Tiffany products, to examine Fell's lamps and Lowry determined that the lamps were not authentic Tiffany products but were, in fact, reproductions. Fell filed suit against the Thompsons and B & B for fraudulent suppression, fraudulent misrepresentation, and breach of warranty, breach of contract, negligence, and wantonness. B & B was dismissed from the case because it had not yet been properly formed as an LLC. The Thompsons claimed they thought the lamps were authentic and that their auction brochure contained the following: Conditions of Sale: 1. All property is sold AS IS WHERE IS, and we make NO guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. On a motion for summary judgment, the court found for the Thompsons, indicating that Fell trusted blindly and should not have done so. Fell asks you to help him appeal the decision. You have been assigned to the case along with attorney Miranda Suarez. She has asked you to research the case and provide a memorandum. In the memorandum you are required to identify the issues, the rules, how those rules will likely be applied and your conclusion about how any legal action will play out. Remember you must base all of your positions on the law or facts and must cite accordingly.