Portfolio Project Final PLEG110

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School

Bryant & Stratton College *

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Course

110, 006

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

5

Uploaded by CommodoreFlowerGorilla38

Victoria Miles April 21, 2023 Portfolio Project Final PLEG110 Client Letter Mr. James Clements, My name is Victoria Miles, I am a paralegal with Dean, Jackson, and Murphy. I had the pleasure today of working on your caseload. Reviewing what you have been able to share with us regarding your potential case with Mr. Brad Raymore. There are a few elements that must take place for contracts to be considered a legal binding contract. Mutual assent, which in this case it appears you were both on the same page as far as what you expected of Mr. Raymore and how you would pay for his services. Expressed by a valid offer and acceptance which means both parties had the desire to both enter this construction contract with having benefitted both parties as agreed upon and accepting this agreement. Adequate consideration meaning a lawful agreement to be made the offeree must give a price that is equal measure to the value given by the offeror . Capacity In the context of contract law, the term “capacity” denotes   a person's ability to satisfy the elements required for someone to enter binding contracts . And finally, legality, the legality of purpose in contract law is   the terms and conditions in legal documents that are legally binding and enforceable . They often contain mutually agreed-upon obligations and requirements. Every enforceable contract must have a legal purpose. For us to potentially move forward with this potential case I have a few questions for you and will need them at your earliest convenience. Did you and Mr. Raymore discuss a payment arrangement? (How much he would be paid and in what increments?) Did you and Mr. Raymore discuss how long the contract would be sufficient? (How long would it take him to complete the project?)
Were there any terms discussed? (deadline) Did you both discuss when this project would start and be finished? Did you and Mr. Raymore discuss how materials would be handled? (Would you have to buy materials, or would he provide them?) Do you have any type of record in text form, voicemail etc. that could potentially have any information discussed between you and Mr. Raymore? Were alcoholic beverages consumed during the time of the meeting while discussing the terms or after? We as a firm are looking forward to being able to help with all of your legal needs. Sincerely, Victoria Miles Intra Office Memo Dean, Jackson, & Murphy To: Managing Partner: Diane Jackson From: Victoria Miles Date: April 8, 2023 Re: James Clements
James Clements dealt with Brad Raymore prior to this incident wanting his bathroom remodeled with no contract in place with Mr. Raymore being a no show. Several weeks after having been in communication with our firm Mr. Raymore contacted Mr. Clements regarding the bathroom remodel stating he apologized for not contacting him sooner. Mr. Raymore stated with the construction industry “booming” he had been to busy and even working overtime. He then asked Mr. Clements if he was still interested in having him do the remodel on his bathroom. Mr. Clements agreed but with placing a contract via his standard side-job contract and sent It to Mr. Raymore via DocuSign™ . In this contract it stated that the total contract cost would amount to $13,000 and to be completed in 6- 8 weeks with the exception of delays being possible. Both parties signed the contract, and both have a copy of this contract as well. The first day Brad was scheduled to start the remodel he didn’t show up, but he did however show up the very next day and began working Mr. Clements paid Mr. Raymore $3,000 on the first day. By the end of week 1 the demo part of the bathroom had been completed as well as the new fixtures and features being picked out for the bathroom. At this time Brad stated to James he needed a few days off for another job he needed to complete and would be returning soon. James didn’t hear anything from Brad until the beginning of week 4. Brad sent a text apologizing for his absence, and he would be back to complete the job as soon as he could. At the beginning of week 6 Brad returned to James’s house. Brad explained to James that the cost of construction materials had risen, and he would need $5,000 immediately to start working again and the new total of the remodel would total to be $18,000. He also stated that he would need an additional 12 weeks to complete the project. Brad also informed James the original materials picked for the project were on a three month back order. At this point James indicated to Brad that this was unacceptable, and he wanted Brad to abide by the contract they both agreed and signed. Brad stated it would be impossible to move on with the job as originally stated in the contract because he didn’t have the materials or the funds to move forward. James now is unable to find a different contractor and dealing with Brad it is more costly than originally agreed upon and he is unable to get the materials he originally requested. Under Electronic Signatures in the Global and International Commerce Act (ESIGN Act) and the Uniform Electronic Transaction Act (UETA): The Electronic Signatures in Global and National Commerce Act (E-Sign Act), 1 signed into law on June 30, 2000,   provides a general rule of validity for electronic records and signatures for transactions in or affecting interstate or foreign commerce . Which makes the DocuSign™ a valid contract.
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