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How to Prepare an Opinion Letter for a Loan Agreement Dispute | Case Study Analysis

About the Assignment

In this assignment, you are to prepare an Opinion Letter. Please use the information provided to assist you in the preparation. There should be a proper Opening, Body, and Closing. This is due Friday 31 by 1pm. The Letter should be in Times New Roman, 12 points, and single spaced. It is to be submitted in WORD. PDF version will not be accepted. Any case law referred in the Letter MUST be uploaded separately . Any required information that is missing, such as inside address, can be created by you. Based on the scenario given You are to analyze the facts in the situation and evidence, research available potential solutions and set out in concise and clear language ( do not use legal injunction, as this is to a client with no legal knowledge) the options available to your client. You are to take a position; however, provide all possible alternatives or conclusion. You are to provide an informed evaluation of the consequences and implications. In the end, the client makes the decision as how to proceed and make sure you advise of any limitation date(s) that will affect them. Make sure to not promise a conviction or any outcomes as this is not within your power to decide but the court to determine. SCENARIO Eric Rudman comes to see you on July 18, 2020 and would like to seek advice. He lent his mother-in-law, Dana Jenkins, a loan in the amount of $7,000.00 from his personal line of credit on July 10, 2018. The loan was to have her roof repaired. There was no agreement or promissory note signed. It was agreed that during the month of November, Mrs. Jenkins would cash her Premium bonds and pay Eric Rudman back the full amount. Mrs. Jenkins can only cash the bonds in November. Eric then learned that Mrs. Jenkins only needed to pay $4,000.00 for the roof and then took the extra money and went on a cruise in September. Eric has asked for the money back on numerous occasions but was told that she did not have the money and thought that the money was a gift. Eric’s wife is uncomfortable about approaching her mother to ask for the money back and is leaving it to Eric to follow up. Eric cannot afford to give Mrs. Jenkins the money. It was always considered a loan to help her out. Eric is paying interest on his line of credit. Question: Can he take this matter to court to get his money back? There is no written agreement; therefore does the loan become a gift? What court do you bring an action? NOTE: Any monetary action in the amount of 35,000$ belongs in the small claims court. You'd have to find case laws of similar situations in ( Ontario Canada ). Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. You have to mention the important part of the case law that applies in the letter (similar fact and outcome) and then definitely attach the caselaw found a as PDF separatel

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