FOR EACH OF THE FOLLOWING FACT PATTERNS, ANALYZE AND DISCUSS THE PERTINENT LEGAL ISSUES RAISED. FOR EACH, YOU SHOULD USE THE FOLLOWING FORMAT: 1. 2. 3. Identification of the precise legal issue(s) presented by the facts Statement of the relevant legal principles/rules related to the issues identified Analysis and discussion of the particular fact situation i.e. application of the legal principles to your situation) - In analyzing the situation, it will be helpful to view the issue from the viewpoint of the plaintiff and the defendant. Conclusion - how would you rule in this situation (This is the least important factor). 4. Note: For poses of this assignment, YOU DO NOT HAVE TO RESTATE THE FACTS; however, relevant facts should be incorporated into your analysis/discussion as appropriate. GENERAL For any issue you raise, have you given the applicable rule(s) of law, have you fully analyzed the situation and does your conclusion answer the questions you have raised? if you gave a rule of law, have you used it in your analysis. If not, is the rule relevant to the situation? If you discuss something, have you given the applicable rule(s) of law? FACT PATTERN 1 - Did the offer have to be accepted at any particular time or in any particular manner? Were any such requirements complied with? What is the impact, if any, of (1) the seller fax, (2) the secretary's telephone voice mail? Since obviously, the seller no longer wants to sell and the buyer definitely wants to buy, is there a valid IN ANALYZING THE INFORMATION, IT MAY BE HELPFUL TO CREATE A TIMELINE FOR YOURSELF. contract? FACT PATTERN 1: identfied where illegal On May 1, 2021, Seller sends Buyer a letter offering to sell a rare mint condition Superman comic book (described in the letter) for $50,000. According to the letter, the buyer has until May 11th to accept. On May 10th, buyer (who is considering buying the comic book for his personal collection) decides to accept the offer and prepares a letter which states, "I accept your May 1, 2020 offer sell the rare Superman comic book (as described in the offer) for $ 50,000". Buyer, who works, decides to take the afternoon off. He asks his business secretary to mail the letter. He leaves the office at 1:30 p.m. Meanwhile, at noon on May 10th, someone else offered Seller $ 60,000 for the comic book. Seller sends a fax to buyer's office at 1:35 p.m. which states I revoke my offer to sell the Superman comic book". Buyer's secretary sees the fax and tries to call her boss with the information but she could not reach him. She left a voice mail message on his telephone indicating that Seller sent a fax revoking his offer to sell his comic book. She then left the office at 1:45 p.m. to mail the letter. About five minutes later while on her way to the post office, the secretary passes their mailman who is making his delivery rounds. She stops to chat and mentions that she is on the way to the post office to mail a letter. The mailman offers to take the letter. (The letter has proper postage). The secretary gives mailman the letter which he puts in his delivery pouch. Mailman forgets about the letter. He discovers it at the bottom of the delivery pouch on May 13th when he is loading it for his next delivery round. (He didn't work on May 11th or 12th). He immediately drops it in a sorting bin on May 13th. The letter is actually delivered to Seller on Tuesday May 14th, but he doesn't actually see it until Wednesday May 15th since he had gone away for a long weekend. Buyer checked his voice mail at 4:00 p.m. on May 10th. He heard Secretary's message that Seller sent a fax revoking his offer. Seller now refuses to transfer the comic book. Buyer sues. RESULT? FOR EACH OF THE FOLLOWING FACT PATTERNS, ANALYZE AND DISCUSS THE PERTINENT LEGAL ISSUES RAISED. FOR EACH, YOU SHOULD USE THE FOLLOWING FORMAT: 1. 2. 3. Identification of the precise legal issue(s) presented by the facts Statement of the relevant legal principles/rules related to the issues identified Analysis and discussion of the particular fact situation i.e. application of the legal principles to your situation) - In analyzing the situation, it will be helpful to view the issue from the viewpoint of the plaintiff and the defendant. Conclusion - how would you rule in this situation (This is the least important factor). 4. Note: For poses of this assignment, YOU DO NOT HAVE TO RESTATE THE FACTS; however, relevant facts should be incorporated into your analysis/discussion as appropriate. GENERAL For any issue you raise, have you given the applicable rule(s) of law, have you fully analyzed the situation and does your conclusion answer the questions you have raised? if you gave a rule of law, have you used it in your analysis. If not, is the rule relevant to the situation? If you discuss something, have you given the applicable rule(s) of law? FACT PATTERN 1 - Did the offer have to be accepted at any particular time or in any particular manner? Were any such requirements complied with? What is the impact, if any, of (1) the seller fax, (2) the secretary's telephone voice mail? Since obviously, the seller no longer wants to sell and the buyer definitely wants to buy, is there a valid IN ANALYZING THE INFORMATION, IT MAY BE HELPFUL TO CREATE A TIMELINE FOR YOURSELF. contract? FACT PATTERN 1: identfied where illegal On May 1, 2021, Seller sends Buyer a letter offering to sell a rare mint condition Superman comic book (described in the letter) for $50,000. According to the letter, the buyer has until May 11th to accept. On May 10th, buyer (who is considering buying the comic book for his personal collection) decides to accept the offer and prepares a letter which states, "I accept your May 1, 2020 offer sell the rare Superman comic book (as described in the offer) for $ 50,000". Buyer, who works, decides to take the afternoon off. He asks his business secretary to mail the letter. He leaves the office at 1:30 p.m. Meanwhile, at noon on May 10th, someone else offered Seller $ 60,000 for the comic book. Seller sends a fax to buyer's office at 1:35 p.m. which states I revoke my offer to sell the Superman comic book". Buyer's secretary sees the fax and tries to call her boss with the information but she could not reach him. She left a voice mail message on his telephone indicating that Seller sent a fax revoking his offer to sell his comic book. She then left the office at 1:45 p.m. to mail the letter. About five minutes later while on her way to the post office, the secretary passes their mailman who is making his delivery rounds. She stops to chat and mentions that she is on the way to the post office to mail a letter. The mailman offers to take the letter. (The letter has proper postage). The secretary gives mailman the letter which he puts in his delivery pouch. Mailman forgets about the letter. He discovers it at the bottom of the delivery pouch on May 13th when he is loading it for his next delivery round. (He didn't work on May 11th or 12th). He immediately drops it in a sorting bin on May 13th. The letter is actually delivered to Seller on Tuesday May 14th, but he doesn't actually see it until Wednesday May 15th since he had gone away for a long weekend. Buyer checked his voice mail at 4:00 p.m. on May 10th. He heard Secretary's message that Seller sent a fax revoking his offer. Seller now refuses to transfer the comic book. Buyer sues. RESULT