Question: Directions: You are to read the case problem provided, analyze and provide a written response. A full analysis includes the following: 1 . The legal
Directions: You are to read the case problem provided, analyze and provide a written response. A full analysis includes the following:
The legal questions you are trying to resolve.
What laws will help you resolve the legal question.
An application of the laws to the facts presented to you.
Your conclusionanswer to the legal question.
Case Problem
At precisely : am the Driftwood, a bar in the lower Greenville area, opens its doors. At : am Donald Taylor, a wellknown real estate developer, enters the Driftwood and orders a beer from the bartender. Donald is a likable chap who enjoys good conversation and good drink. As the day passes, Donald leisurely drinks beer after beer, never getting wasted but maintaining a good buzz. At : pm JR Reynolds enters the Driftwood and sits down next to Donald Taylor. They have the following conversation:
JR What a day! sigh Hey, could you pass the pretzels? Yo bartender, lets have a beer down here!
DT Had a rough day, have you?
JR Nag, nag, nag. Thats all my wife does is nag. All day shes been on my back about moving out of our apartment. She knows Ive been busting my butt trying to find an affordable house but, as you may know, good real estate isnt easy to find. I just cant take her pressure anymore.
DTIn his stupor, he decides to have some fun with this pathetic soul. Sir, this may be your lucky day. You see, Im a real estate agent, and I can offer to sell you this beautiful twobedroom, twobath house for the low, low price of $DT takes a picture out of his breast pocket and shows JR a luxurious home. In reality, this is Donalds own home and it has a fair market value of $ It is located on Greenville Avenue.
JRWith genuine excitement in his voice. Oh my goodness, what a deal. I must have it What must I do
DT Well. A lawyer friend of mine once told me that all transactions in land must be in writing, so we draw up a contract.
DT Grabs a napkin and writes the following:
I, Donald Taylor, hereby agree to sell the house located at Greenville Avenue to JR Reynolds upon payment of $ This agreement is meant to be a final and binding contract between the two parties.
Sincerely,
Donald Taylor
JR ecstatically takes the napkin contract and rushes out the door, saying he must go home and break the good news to his wife. As soon as he leaves, Donald bursts into laughter and shares his story with his barroom buddies. Did DT actually make an effective offer?
Guided Questions Finding answers to these questions will help you form your analysis. You do not need to submit the answer to these questions.
What are the elements of an effective offer?
How is the intent of an offer determined?
In JRs eyes, was this a serious offer? Why does this make a difference?
This criterion is linked to a Learning OutcomeIssue
What is the legal questionissue
pts
Good
Clearly identifies the legal question that needs to be resolved to determine the result of the case. It connects it to relevant facts. Student shows they know enough law to find the legal question.
pts
Needs Improvement
Attempts to identify the legal question that needs to be resolved to determine the result of the case, but does not use enough facts. The question is too general.
pts
Unsatisfactory
Identifies incorrect legal question or does not identify at all.
pts
This criterion is linked to a Learning OutcomeRules
What laws help to answer the legal questions
pts
Good
Identifies the law that answers the legal question. Writes enough about the law to give context to the analysis. This may include elements, definitions, exceptions to the general rule, limitations to the rule, or defenses.
pts
Needs Improvement
Identifies the law that answers the legal question, but does not give enough information to give context to the analysis. Is too general. May only list termselements but does not define them.
pts
Unsatisfactory
Does not identify the appropriate law that answers the legal question or no law is discussed.
pts
This criterion is linked to a Learning OutcomeAnalysis
Apply the laws to the facts
pts
Good
The law is applied to the facts and applied correctly. Can see the connection between the law and the facts. Uses the facts to explain how the rule leads to the conclusion.
pts
Needs Improvement
Connections between law and facts are missed. May not apply law correctly. Hard to follow at times.
pts
Unsatisfactory
Just restates the law and facts andor inappropriate rules are used. More a summary of the facts rather than an analysis.
pts
This criterion is linked to a Learning OutcomeConclusion
States a conclusion with respect to the legal question.
pts
Yes
Conclusion is appropriate and supported by analysis.
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