Discussion Case #2 (Mercer v. Lemmens) (SLO 4, SLO 6, SLO 7, SLO 11, PLO 2, PLO 3, PLO 4, PLO 6)

Assignment instructions:

• Read the following case (select link) https://law.justia.com/cases/california/court-of-appeal/2d/230/167.htmlLinks to an external site.
• Write a 1 to 2-page double-spaced analysis of the questions presented. Review formatting requirements in the syllabus ("Discussion Case").
• For each of the following four issues:
  1. Summarize the court's findings for each of the four questions (issues) presented.
  2. Do you agree with the court's findings on each of these four issues? Why or why not?

Summary of the case:

A purchaser of a property was given the preemptive rights to purchase an adjoining parcel for $10,000. The owner subsequently sold the lot for $22,000 without offering it to the holder of the preemptive right to purchase.

For this assignment, I would like students to focus only on the following four issues:

• Was the description of the property sufficient [2]?
• Did the preemptive right to the property occur within a "reasonable" time [3]?
• Was the consideration for the preemptive right sufficient [4]?
  • Was the amount of damages awarded to the plaintiff by the lower court proper [7a, 8]?