James Clements is a longtime client of Dean, Jackson & Murphy. However, the firm has traditionally only represented his business accounts. James recently reached out regarding a personal legal matter. James wanted to remodel his home's first floor bathroom. After six months of searching for a contractor, a friend gave James the phone number of a local contractor who might be able to help - Brad Raymore. James reached out to Brad and they arranged a time to meet at a local restaurant to discuss the job. 

 

According to James, he and Brad discussed the project for about 30 minutes of the 90 minute meeting. They spent the other 60 minutes discussing sports, local politics, and different restaurants. While nothing was written down and no money exchanged hands, James said they "agreed to a contract," and James paid for the restaurant bill. James noted they did order several alcoholic beverages. Two weeks later, when it came time to start the project, Brad never showed. James reached out to Brad several times, but Brad never returned his phone calls or text. Frustrated, James insists the two parties had a legally binding contract and would like to explore his legal options. 

 

Because James is a longtime client of the firm, the managing partner, Diane Jackson, would like for you to contact him regarding this case. While she is doubtful a binding contract exists or that James has any legal recourse, she would like some additional information about the agreement and the "contract" James thinks they formed. She also sees this as an opportunity to help James understand the contracting process and contractual elements, which may help him hire a contractor in the future. She would like for you to contact James and collect additional information about what the two parties discussed.

 

Draft a  client letter to Mr. Clements which includes the following:

• Introduce yourself as the paralegal assigned to his legal matter.
• Briefly summarize your understanding of his legal concern.
• To determine the possible existence of a contract, the firm needs additional information about the conversation between James and Brad, and what the parties potentially agreed to. List 7 questions related to the conversation that James should be prepared to answer during his consultation. The factual answers to these questions will be used to establish whether their conversation met the following elements or requirements:
  • Offer
  • Acceptance
  • Consideration
  • Mutual Assent
  • Legality
  • Capacity 
  • Statute of Frauds requirement 
• The managing partner will review this letter before it is sent and would like you to include a brief explanation for each question explaining how it relates to an element above.
• Include two legal references formatted in proper Bluebook legal citation. One reference must be a case decision from New York State explaining the element of capacity in contract law. 

Answer rating: 100% (QA)

Your Name Paralegal Dean Jackson Murphy Address City State Zip Phone Number Email Address Date James Clements Clients Address City State Zip Dear Mr Clements I hope this letter finds you well My name ... View the full answer