Background Facts

Madison Price and Carter Smith were planning to attend the Southeast New Mexico College. They contacted Frewil, LLC, about renting an apartment at the beginning of the fall semester. They asked if the apartment had a washer/dryer and dishwasher, and were told yes. The lease did not expressly state that the unit contained those appliances, but it provided that any overflow from a washing machine or dishwasher was the responsibility of the tenant and that the dishwasher had to be clean for a refund of the security deposit. When Price and Smith arrived to move in, the apartment had no washer/dryer or dishwasher and no connections for them. The students found housing elsewhere. Frewil filed a suit in a New Mexico state court against Price and Smith, claiming breachof contract.

draft thorough legal memorandum

• Take a position representing either Price and Smith or Frewil, LLC. RELEVANT FACTS: Choice of client, either New Mexico Medical College or Samuel Absolom..... [provide 5-8 SENTENCE, DETAILED PARAGRAPH HERE about the FACTS]. LEGAL ISSUES: Whether New Mexico Medical College ... [CREATE A 1-2 SENTENCE SUMMARY of THE ISSUE YOU ARE RESEARHING]. DISCUSSION/ ARGUMENTS 1. What New Mexico statute(s) do you find that are applicable, and what do they provide? [ For EACH question here, CREATE 5-8 SENTENCE, DETAILED PARAGRAPH conveying your "answer" and stating specific statutes.] 2. What will your firm have to prove, if your attorney wants to use these New Mexico statute(s) to argue that Samuel was wrongfully denied a medical diploma (thus, the medical college is liable). On the other hand, what would be the necessary proofs for establishing the college made an ethical decision supporting their decision not to award the medical degree (thus, the medical college is not liable). 3. What case law did you find, from which courts, and what did the case law provide in terms of the medical college's decision, ethical or unethical? CONCLUSION: focus on the overall solution to the problem, for instance, which party will prevail and why? If you were able to find any law in conducting legal research under step 3, cite the rule(s), statute(s), or case(s) that are on point allowing for application as legal precedent. Thinking about the ethical issues raised and answered, what are some possible solutions you would recommend for colleges in adopting ethical standards for students. [Summarize your findings for your attorney in 2-3 sentences.]