Put the following discussion section of a memo in proper IRAC order.

1 = Issue

2 = Rule

3 = Analysis

4 = Conclusion

Personal pawned property cannot be sold by a pawnee within one year from the time the pawner has defaulted in the interest payment unless the pawner has given written consent. Illinois Pawnbrokers Act, 205 Ill. Comp. Stat. 510/10.

Is a postcard sent to a pawner by a pawnbroker sufficient notice for the transfer of pawned property?

A postcard with written notice of a sale of pawned property is not a written consent by the pawner and would probably not be sufficient notice to constitute a legal sale.

The statute uses a definite and clear term: "written consent." Ms. Howard did not default, and she would have at least all the rights of a pawner that did default. Therefore, the pawnbroker was required to receive her written consent before transferring her property.

QUESTION 3 Put the following Discussion section of a Legal Memo in proper IRAC format.

1 = Issue

2 = Rule

3 = Analysis

4 = Conclusion

The Blacks stated their intention at the beginning concerning the fabric, the redecoration of the living room, and the family reunion. This fact was a part of their original position. The living room was redecorated. The furniture was delivered; however, the fabric was incorrect.

An Illinois Appellate Court decided that the nonbreaching party should be put back in the position that it was in when the contract was formed. Kalal v. Goldblatt Bros., 368 N.E.2d 671, 673 (Ill. App. Ct. 1977).

Are the Blacks entitled to special damages from Comfy Furniture for the cost of the redecoration of their living room?

Therefore, the Blacks have a right to recover consequential damages for the cost of the redecoration of their living room because the end result was not achieved: correctly upholstered furniture, newly redecorated living room to match, and sufficient seating for the reunion. The conditions of the original contract were not met, and there was a breach of contract as embodied by the incorrectly upholstered furniture.

QUESTION 4 Put the following Discussion section of a Legal Memo in propert IRAC format.

1 = Issue

2 = Rule

3 = Analysis

4 = Conclusion

Under contract law, what damages are the Blacks entitled to pursue?

The plaintiffs in Kalal received a sofa that had been reupholstered in the wrong fabric after numerous delays, during which they had chosen three different fabrics in succession. Id. The court held that the defect could be remedied by the cost of reupholstering the sofa in the proper fabric. Id. at 674. The Blacks' sofa and loveseat were improperly upholstered. Comfy Furniture upholstered their furniture with the reverse side of the fabric showing.

Therefore, they were entitled to damages equal to the cost of upholstering their furniture correctly. However, the Blacks' situation is distinguished from Kalal in that their furniture was delivered before the date set in the contract, and it can be argued by Comfy that there was time to remedy the defect before their target date of Thanksgiving.

Damages for breach of contract should place the plaintiff in a position he would have been in had the contract been performed.