PART II: LETTER WRITING ASSIGNMENT Our Client , Mr . Merrill Simms , is being sued by Tom Kelly for breach of an implied warranty of fitness for a particular purpose in the lawsuit that has been filed as Kelly v. Simms . Mr . Sims placed an ad in a newspaper , The Daily Post , offering to sell a Ryder 1000 riding lawn mower for $1,000.00 . Mr . Kelly responded to the ad and came to Mr . Simms ' house to purchase the mower . Mr . Kelly told Mr . Simms that he needed a good riding mower because he had 2 %% acres to be mowed once a week . Mr . Simms responded that , although he had never needed to mow more than an acre , the mower had always done a good job for him . After discussing the terms , Mr . Kelly purchases the mower for $900.00 One week later , Mr . Kelly called Mr . Simms and informed him that the mower was too small and underpowered for his needs , and he wanted his money back . Mr . Simms refused and Mr . Kelly has filed suit in Small Claims Court claiming breach of an Implied Warranty of Fitness for a Particular Purpose . Mr . Simms ' only experience with riding mowers is based on his use of the Ryder 1000 He does not have any special expertise concerning riding mowers , nor does he routinely sell them . At this point , we do not know if Mr . Simms has any documentation to indicate whether the terms of the sale were reduced to writing . Does this make a difference ASSIGNMENT Using the case Beam v. Cullett , and the following Oregon statute , assess the likelihood of Mr . Kelly prevailing on an Implied Warranty of Fitness for a Particular Purpose claim . Explain your assessment by drafting an OPINION LETTER to our client , Merrill Simms . Use the sample opinion letter in the lecture material on Legal Writing Fundamentals , which included a section on Legal Correspondence Create your own letterhead , attorney name and firm , (as the signer of the letter ) and client address . Letters should follow either block or modified block form . STATUTORY LAW : From the Oregon Statutes (ORS ) ORS 72.3150 Implied Warranty ; fitness for a particular purpose "Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select of furnish suitable goods , there is, unless excluded or modified under ORS 72.3610 , an implied warranty that the goods shall be fit for such purpose