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Here are the assignment instructions: Overview In this assignment, you will need to analyze the facts below, identify the issues presented, and research those issues
Here are the assignment instructions:
Overview
In this assignment, you will need to analyze the facts below, identify the issues presented, and research those issues drawing conclusions based on your research.
It is expected that your papers be well written and demonstrate critical thinking. Be sure to pay careful attention to spelling and grammar. Your paper MUST include the following sections:
- Facts- This section should be a summary of the facts given in the case study. You should essentially summarize and rewrite the facts using your own words.
- Issues- This section will identify the issues in the case (there is more than one). Make sure to identify each of the issues in a question format. For example, "Should XYZ Company be bound by the contract made by its employee, John Smith, where Smith had apparent authority to make the contract?"
- Rule(s)- This section will state the legal rule under which you are making your decision.You will need to specifically detail the requirements of the law/legal concept.You will need to cite all references from which you are getting your law. This is a research project, so you need to be using references other than your book.
- Application- This is the section where you analyze the facts of the case along with the rules that you researched. You may find that your facts differ from the facts of other cases (articles) you have read. You will need to compare and contrast the information you have found to determine which cases are more like yours.You should be applying the requirements/elements of the Rule of Law to the facts of the particular issue you have identified.
- Conclusion- This section includes the conclusions you have drawn based on your analysis in the application section. i.e., state which party you think would win the issue.
Your case study needs to include the above five sections.
Organization
You MUST organize your paper by having multiple sections, each which includes:facts/issue/rule/application/conclusion for each of the identified issues.Do not list all issues together, all rules together, etc., as doing so will result in a grade of zero, as it can be convoluted and confusing and will not provide me with the opportunity to assess your understanding of the separate sections.
When you organize your paper as instructed, your paper will appear as follows:
Facts Relative to Issue `1
Issue I
Rule I
Application I
Conclusion I, then
Facts Relative to Issue II
Issue II
Rule II
Application II
Conclusion II, etc.
In researching your case study, you should use any external resource available to you including the library,onlineresources, etc. However, you must cite the sources you use for your information. Please be reminded that we derive our laws from statutes/codes/regulations/cases, etc., therefore, citing to those references is most preferable.Note that you are expected to work independently on their case study - this is not a group project.
If you have any questions regarding this project, do not hesitate to contact me for clarification.
In order to receive full credit for this assessment, you must identify 4 separate Issues.I issues youidentify and discuss should relate to theJohnson'scanceling their contract, the damage to the Smith's property, the contract between John and Mower Supply and the physical altercation between Sam and John.Although there are a number of other identifiable issues within the fact pattern, these involve the most significant and easily identifiable Issues to assess.I do not want to see "Should the court hear argument...." anywhere within your issues - as that is not an appropriate question of law.Keep in mind, these Issues give rise to multiple concepts that we have covered throughout the course.
Case Study Facts
Sam and John are best friends in their senior year of high school. Sam is 18 and John is 17. They decide that they should operate a lawn care service for the summer in order to help pay their college tuition costs.
Sam and John send outflyersto all the people in their neighborhood offering to cut their grass for $20 a week. Immediately, the Smiths call Sam to set up a service. Sam draws up a contract to complete the mowing at the Smiths' house once a week through September 15. Sam and the Smiths then both sign the contract. TheJohnsonsalso see the advantages of a lawn service, and John and theJohnsonssign the same contract that Sam had drafted for the Smiths.As the lawn service business is taking off, John purchases a new lawn mower on credit from Mower Supply, Inc., in May.
Sam and John work really hard at their new business and soon acquire more and more customers. They set up a schedule which requires them to work long hours, but they are able to complete their jobs and overall the customers seem happy with their service. Unfortunately, theJohnsonslose their jobs in July and are no longer able to pay Sam and John for the lawn service. Sam and John contend they have a contract and continue to cut theJohnsonslawn weekly.
By the end of the summer Sam and John are exhausted from the long hours they have been working. On one such day, Sam leaves his lawn mower running at the Smiths while he leaves to get a drink of water. A neighborhood boy comes over and pushes the lawn mower across the Smiths flower bed and through their screened in porch causing damage to the flowerbed, and breaking the screen to the porch.
John is so mad when he sees what happened he punches Sam. Sam and John decide they can no longer work together and call off the lawn service business. John stops making payments on the mower, and tells Mower Supply, Inc., that he made a mistake and has no intention of paying the rest of the amount owed. Sam wants to continue servicing the clients but without a lawn mower is unable to do so.
My question is: What would the issue be for the physical altercation between sam and john? Is it more pertaining to their company ending? Would it be something along the lines of "Should the court rule that John owes Sam a lawn mower to continue the business?"
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