Analysis and Consequences of Legal Action(S) Essay

5240 WordsSep 10, 201321 Pages
Legal Eagles, LLP November 1, 2011 Analysis and Consequence of Legal Action(s) To: Rebecca Warren On behalf of Team A: Contents ANALYSIS FOR SUCCESSFUL LAWSUIT REPORT 3 Purpose 3 Factual Background 3 Issue 4 Roadmap 4 GROUNDS OF LIABILITY 5 Remedies for Negligence 5 Statutes Governing Contract Law 5 ANALYSIS OF NATIONAL BANK’S LIABILITY 7 Tort of Negligence 7 SUMMARY 10 DEFENSES AGAINST LIABILTY 10 Other Considerations 10 Analysis of Income 11 Offer and Acceptance Analysis 12 Summary 14 CONCLUSION 15 RECOMMENDATIONS 15 ANALYSIS FOR SUCCESSFUL LAWSUIT REPORT Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action…show more content…
Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s
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