Create Take a position representing either Lucy or Zehmer. Draft a legal memorandum using the background facts
Question:
Create
- Take a positionrepresenting either Lucy or Zehmer.Draft a legal memorandum using the background facts comprised offive sections:
- (1)FACTS: Use the background facts for the Lucy v. Zehmer case (set forth above) which are associated with a contractual dispute.
- (2)ISSUES: Second step, succinctly narrow and consolidate the issues ChatGPT outlined and addressed into five issue statements as follows: 1. Offer and acceptance; 2. Intention to create legal relations; 3. Capacity; 4. Consideration; 5. Statute of frauds.
- (3) LEGAL RESEARCH.: Third stepin an attempt to Identify the rules, statutes and case law establishing common law doctrines applicable to the various issues, type the following prompt into the ChatGPT query window, "can you cite any rules, statutes, and/or cases from the State of New Mexico in support of the following fact pattern" (once again use the fact pattern for set forth above). Notice
- (4)ARGUMENTS:Fourth step Draft persuasive arguments applying the law you located to the facts of this case Craft arguments in support of a legal cause of action against Zehmer or arguments in support of affirmative defenses relieving Zehmer from legal liability. (PROVIDE AN ACADEMIC OPINION, which means.... AVOID 1stperson pronouns like "I," "me," "my.")
- (5)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.
Background Facts
Lucy, the plaintiff, filed a suit against Zehmer, the defendants, to compel Zehmer to transfer title of their property, known as the Sonoma Ranch, to the Lucy for $50,000, as Zehmer had allegedly agreed to do. Lucy had known Zehmer for fifteen or twenty years and for the last eight years or so had been anxious to buy the Sonoma Ranch from him. One night, Lucy stopped to visit Zehmer in the combination restaurant, filling station, and motor court they operated. While there, Lucy tried to buy the Sonoma Ranch once again. This time he tried a new approach. According to the trial court transcript, Lucy said to Zehmer, "I bet you wouldn't take $50,000 for that place." Zehmer replied, "Yes, I would too; you wouldn't give fifty." Throughout the evening, the conversation returned to the sale of the Sonoma Ranch for $50,000. All the while, the men continued to drink whiskey and engage in light conversation.
Eventually, Lucy enticed Zehmer to write up an agreement to the effect that Zehmer would sell the Sonoma Ranch to Lucy for $50,000. Later, Lucy sued Zehmer to compel him to go through with the sale. Zehmer argued that he had been drunk and that the offer had been made in jest and hence was unenforceable.