legal memo 法律备忘录(9)

legal memo

- Identify subissues, using headings

(under each subissue write out the CRRACC formula in a vertical column):

C (briefly state your conclusion to the subissue)

R (list cases that are most useful in analyzing the subissue)

R (begin in-depth explanation of these cases: holding-facts-reasoning)

A (list facts of the case that are most relevant to analyzing the subissue)

C (address and resolve likely counterarguments)

C (restate conclusion for the subissue)

6. Conclusion (answer the question as a whole)

Sample Memo

TO: Gaby Duane

FROM: Clark Thomas

RE: Loman's Fashions - Breach of contract claim (advertising circular)

DATE: April 26, 2002

QUESTION PRESENTED 1

Under New York law, 2 did 3 Loman's Fashions' description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a "manufacturer's closeout" and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms? 5

SHORT ANSWER 6

No. 7 Where, as here, the text of the advertisement merely stated that the sale was a "manufacturer's closeout" and that the "early" shopper would "catch the savings," the advertisement was not an offer to sell the coat which could be converted into a binding contract by conduct signifying an acceptance of the advertised terms.

FACTS 8

Loman's Fashions, a retailer of women's and men's outerwear, distributed a circular in November advertising a manufacturer's closeout of designer women's leather coats for $59.99, coats that regularly sold for $300.00. The ad announced that the store would open at 7 a.m. on Friday, November 30, and stated that the "early bird catches the savings!" After about fifteen minutes, all the advertised coats had been sold. At 7:30 a.m., a shopper inquired about the coats and was told that there were none left, but she complained that Loman's was obligated to sell her a comparably valued designer leather coat at the advertised price. The store manager declined, and the shopper filed a complaint in Small Claims Court, 9 alleging that Loman's had breached a contract by failing to sell the advertised leather coats at the advertised price. 10

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