FACT PATTERN:

On January 25, 2016, Bella Swan discovered that Edward Cullen was selling his 4 bedroom, 3 bath home - located in Volturi Heights (a planned community just outside of Forks, Washington). Bella, who had long been interested in purchasing Edward's home, sent Edward an e-mail on January 28, 2016, offering to purchase Edward's home for $1,350,000. The email included the names of the parties, a legal description of the home, the date of sale, the date of closing, and directions on how and where payment would be made.

Edward responded via e-mail on January 29 stating that the terms were acceptable but the price was not. Edward changed the price to $1,575,000. On January 30, 2016, Bella sent Edward another email offering to purchase the house for $1,400,000 but left all other terms unchanged. By email dated February 01, Edward rejected this offer, but told Bella that if she was willing to marry him, and if she would pay all cash for the home then he (Edward) would accept $1,500,000. On February 2 Bella rejected Edward's offer of marriage but did agree to pay $1,500,000 in cash so long as Edward would sell the house fully furnished. In this new offer, Bella included her signature, a legal description of Edward's home, and all material terms.

Bella knew this last request was unrealistic, but she was hoping to find a way to obtain Edward's rare collection of signed Bob Kane paintings (Bella estimated that Edward's entire collection of Bob Kane paintings was valued at $500,000). Unfortunately for Bella, on February 3, Edward rejected Bella's offer.

After further reflection, on February 5 Edward sent Bella one further email - "I have an all-cash offer from another buyer for $1,700,000. If you are willing to pay $1,900,000 cash then I will sell you the home as is and will include one signed Bob Kane painting. All other terms as stated in your February 2 email are acceptable and are incorporated into this final offer." Bella, who feared losing the opportunity to purchase the home, and hoped to find a way to obtain more of the Bob Kane paintings, agreed.

The parties also agreed to waive all inspections and set closing to take place at 5pm on March 15, 2016. On March 10, Bella ordered her bank to transfer $1,900,000 from her personal bank account to Northwest Escrow at 9am on March 15. (All parties had previously agreed to use the services of Northwest Escrow to manage the sale and purchase of Edward's home). On the evening of March 14, Edward decided to sell his home to his longtime friend, Esme, for $500,000. Bella, who was not told of Edward's decision until she was in her car and driving to Northwest Escrow (at 2pm on March 15), was shocked by Edward's actions. She immediately called her attorney (Jacob Black) and made an appointment to see him within the hour. While on her way to Jacob's office Bella's car experienced a complete mechanical failure. She was able to pull her car off the highway and onto a side road. She tried to call for help, but could not locate a signal for her cell phone. Bella saw a home about a block away and decided to walk and ask for help.

While at the home, Bella was attacked by Jasper Hale (a well-known criminal). Bella's screams for help resulted in a severe beating. The beating was so severe, in fact, that she appeared to be dead. An aid car eventually arrived and rushed Bella to the nearest hospital. Her face was severely cut and the left side of her head was cracked and bleeding. In addition, her arms and legs were broken, and she suffered from massive internal bleeding. Fortunately, Bella survived. Bella remained in the hospital for several months and was then transferred to a long-term care facility in Seattle. The doctors were unsure if Bella would ever recover her memory. Jasper's attack caused terrible damage to Bella's brain. Medical specialists were brought in from around the world. It took several years, but on January 5, 2023, Bella's health was mostly restored. Bella lost all vision in her left eye and had to walk with the aid of a walker (her left leg had to be amputated and refitted with a prosthetic leg). Bella's memory was completely restored.

On January 10, 2023, Bella met with her attorney. Jacob said, "You may have a problem with your lawsuit. The statute of limitations for breach of contract is six years. This means you should have filed your lawsuit not later than March 14, 2022. The best thing we can do is sue for breach of contract and argue that the six year statute of limitations should be tolled. I'm not sure if we can win on that one, but I think there's a good chance we can." Jacob explained the law to Bella as well as the arguments he planned to make. "What do you think?", asked Jacob. Bella thought Jacob had some great ideas. Bella decided to move forward with the lawsuit. Bella offered to give Jacob a $50,000 retainer and agreed to pay the rest of his fee based on whether he won or lost the case (Jacob would receive a higher rate of pay if he won and somewhat less if he lost). Jacob agreed to this payment arrangement.

Within a week Jacob, on behalf of Bella, filed the lawsuit in the appropriate state court against Edward Cullen. Bella is seeking damages in the amount of $1.9 million dollars (the price of the home) plus another $2,750,000 for medical costs, pain and suffering. In addition, they are asking for attorney fees.

For purposes of your analysis, you should assume that all parties are residents of the state of Washington.

1. Choose three sources that you might use in your paper.
2. For each of those sources, (a) identify which of the parties (Bella Swain, Edward Cullen, or both) might use the source, and (b) explain how Bella or Edward would use that source to make an argument with respect to one of the elements of a contract (mutual assent, consideration, capacity, legality, or breach). In each of your explanations, use details from the Legal Analysis scenario. Keep in mind that Bella will argue that a contract exists and Edward will argue that a contract does not exist.

Sources:

1. https://www.courts.wa.gov/content/Briefs/A08/868956%20stmt%20of%20add'l%20auth%20dated%202-25-13.pdf#search=a%20contract%27s%20legality

2. https://app.leg.wa.gov/RCW/default.aspx?cite=62A.2-206

3. https://casetext.com/case/emberson-v-hartley/