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BUSI 2301 Business Law

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  • Course Code: BUSI 2301
  • University: Panola College
  • Country: United States

Questions:

1.Please do not go over contract formation issues

In writing IRAC responses please consider comments made throughout this course on What can and what can't go into the issue. How should the rule be presented. Look to develop an analysis which includes fact statement and the blending of rules, facts elements, and case authority to tell a story. Use case examples cited or referenced and reviewed in the text. Save your conclusion for the conclusion and answer the question raised in your issue statement.

Use your original language for all parts of IRAC. Some of the best scoring IRACs from the last exam least relied on copying material directly from the text or other web sites. Remember plagiarism violates school and course policy.
Although the law requires you to know the rules, rules are subject to many interpretations in deciding how they relate to facts. That is why there are so many law suits. Parties and lawyers see the same facts from different perspectives. Judges and juries will make final conclusions. The important part of the IRAC is to understand the issue, the rules and then tell a story which provides a thorough discussion of the facts and rules of this particular case and any prior cases which might help us understand how rules may be applied.

IRAC

Frances has lived in an apartment for ten years when she decides to buy a house. Her one-year lease will end on May 1. On April 15, she orally contracts to buy Frank's house for $100,000, with the closing (transfer of the deed) to take place on June1. Frank's lawyer, who is out of town on vacation, is to draft a written contract of sale on his return to his office on May 15. Because Frances's lease is terminating, Frank agrees to let her take possession of the house on May 1 if Frances gives him a down payment on the house of $5,000. Frances agrees and gives Frank the $5,000. She moves into the house on May 2, and the following weekend plants trees in the back yard. On May 10, Frank receives a written offer from Green to buy Frank's house for $120,000. Frank accepts Green's offer, asks Frances to move out of the house, and tries to return the $5,000 to Frances. Frances claims that she has an enforceable contract to buy the house. Frank claims that any such contract must be in writing to be en­forceable under the Statute of Frauds.

Analyze using IRAC

2.

Remember sometimes in telling the story and analyzing a case you have to discuss how things could have been handled slightly differently to better fit within the rules.
Use IRAC

Stacey contracts to buy six cases of vintage Stomp Valley wine from Twisted Winery for $1,200. The contract states that delivery is to be made at Stacey's residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Twisted's delivery van is involved in an accident, and no wine is delivered that day. A message was left for Stacy telling her of the accident. On the morning of May 2, Stacey buys the wine from Happy Hill Winery for $1,800, and her staff prepares for the reception. That afternoon, just before the reception, Twisted tenders delivery of the wine at Stacey's residence. She refuses tender. Twisted sues Stacey for breach of contract, Stacy files a counter claim.

Use IRAC to analyze Stacey's position.
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