Question
This paper deals primarily with common law. Therefore, use Washington State cases to support your position. There are statutory laws (RCW) that might be used
This paper deals primarily with common law. Therefore, use Washington State cases to support your position. There are statutory laws (RCW) that might be used but are not the primary focus of your paper. Your paper will deal with the question of is there a contract and are there any defenses (and what those defenses would be).
Procedure 1. Read the fact pattern (see below) 2. Do legal research for precedent at both the federal and state levels 3. You are to prepare a five to twelve-page case analysis. The points below are to be covered in your analysis. You need to include a cover page (this is not part of the five to twelve pages).
List what are the legal issue(s) facing the plaintiff or defendant.
• Discuss the exact facts that lead you to identify these issues (not all facts).
• What is the applicable law and how does it relate to the facts (your analysis)? • What outcome do you believe the court will come to (conclusion)?
Use the IRAC format to identify the issues, and the rule of law (use prior case holdings, statutory law, administrative law, etc.), develop an analysis of the facts and state your conclusion. Your analysis must support your conclusion.
Facts: Mary, a frail but mentally alert and sound 88-year-old woman, is in the front garden of her old weatherboard home. Duncan, a big man who was heavily tattooed and wearing leathers, parks his “Harley” motorbike outside her garden and strikes up a conversation with Mary. He told Mary that: “I am a licensed painter and I could paint the exterior of your house for a good price - $8,000”. Mary asks, “Is it a fair price”? Duncan responded “Da Ya – no one else is going to charge you that.” Mary felt intimidated by Duncan and hastily stated “OK – I guess”. The next day Duncan arrived and over the following two days painted her house. During the time the house was being painting Mary’s daughter discovered other painters in the immediate vicinity would only charge $3,000 to paint the house. Mary’s daughter also discovered that Duncan’s registration with the Washington State Department of Labor & Industries as a licensed painter had lapsed two weeks before because he had failed to pay the renewal fee. The job is now complete, and Duncan has asked Mary for $8000.
Step by Step Solution
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Step: 1
Rule A contract is enforceable if it creates mutual ...Get Instant Access to Expert-Tailored Solutions
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Step: 2
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