Business Law- jim agreed to loan Amy $2,000 to cover some of the expenses
jim agreed to loan Amy $2,000 to cover some of the expenses she incurred for a restaurant she had just opened. Due three months later, Amy had still not repaid the loan because of continuing cash demands from the restaurant. A skilled handyman, Jim helped in remodeling the building where the new restaurant was located without any agreement about a price for his work. The project was finally completed (about the time the loan payment was due) and Jim and Amy talked about the value of his work. An argument ensued with Amy believing that the cost was too high. When Amy received an invoice for his work for $1,300, she mailed back (fully stamped and carefully addressed), a check for $2,500. In an enclosed letter, she stated that the check was being sent in full settlement of both the loan and the work invoice. Jim endorsed and deposited the check at his local bank. But he continued to call Amy about the unpaid balance of $800. Your decision about whether Jim can recover this amount from Amy?ssue:What facts and circumstances brought these parties to court?Are there buzzwords in the facts that suggest an issue?Is the court deciding a question of fact? – i.e. the parties are in dispute over what happened OR is it a question oflaw â i.e. the court is unsure which rule to apply to these facts?What are the non-issues?Rule:What is the governing law for the issue?What elements of the rule must be proven in order for the rule to hold true?What are the exeptions to the rule?From what authority does it come?Whatâs the underlying public policy behind the rule?Are there social considerations?Analysis: aka LawyeringDoes the rule apply to these unique facts?For every relevant fact, you need to ask whether the fact helps to prove or disprove the ruelAll contracts for the sale of goods over $500 have to be in writingWhy are certain facts relevant?How do these facts satisfy this rule?What types of facts are applied to the rule?How do these facts further the public policy underlying this rule?Whatâs the counter-argument for another solution?Conclusion:How does the courtâs holding modify the rule of law?Whether the rule applies to the facts?Take a position and support it with a basis for the opinion?Whatever position I take has to have grounding in the analysis.If your case has flaws, it is important to recognize those weaknesses and identify them?If a rule does not apply, donât fall into the trap of being conclusive on a partyâs liability or innocence. Theremay be another rule by which the party should be judged. In other words, you should conclude as to whetherthe rule applies, but you should not be conclusive as to whether some other result is probable. In that case, youneed to raise another rule and analyze the facts again.Whatâs the holding (aka finding) of the case?Has the holding modified the existing rule of law?What is the procedural effect of the hlding?Does the holding further the underlying policy of the rule?
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