Camille has developed a good network among those in the fashion industry, especially the seamstresses who have been hired by well-known celebrities. One day, Camille spoke with Sonya, the owner and Lead Seamstress for Shazam Clothing Industries. Shazam is a leading manufacturer of unique limited edition clothes in Silkadonia. Camille presented Sonya with her order to sew a limited number (500) of hot pink and black machine knitted sweaters with a matching knit hat. Each sweater was to have a number and Candie Cardigan’s signature on a label sewn onto the bottom right side of the sweater. The hats would have the same label with matching number to its sweater, but sewn on the right side of the turned up hat cuff. Sonya agreed to make each sweater and hat pair for $100. Camille’s plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonya’s cell phone rang. Sonya pushed a piece of paper and a color palette towards Camille and whispered “write the type of yarn you want used and exact dye lots” and I will begin work on this right away. Camille did as requested, but forgot to give Sonya the traditional 25 percent down payment. The down payment has always been used to purchase the materials.
Sonya completed production of all 500 sweaters in record time and has presented Camille with an invoice for payment for the same. At the bottom of the invoice, the words, “Payment Due Upon Receipt” were written. Camille changed her mind about wanting the sweaters and hats, as she decided that the items would not be as profitable as originally anticipated. Sonya now comes to the law firm you work for, P. Strami, and Hammond, Attorneys at Law, and wants to know if she has any recourse. Attorney Strami hands you the following instructions and asks that you draft a memorandum to him incorporating your research.
Dear Paralegal:
Please prepare a 2–3-page double-spaced memorandum in size 12 Times New Roman font discussing the following in the order presented:
Please determine whether or not a contract has been formed using the basic contract principles of offer, acceptance, and consideration. State whether or not any of the crucial parts of the initial offer may be missing.
Further, please research whether or not Camille and Sonya’s prior course of dealings has an impact on the parties’ communications and whether or not Sonya would be successful against CARDWARE Inc. should a breach of contract lawsuit be brought against her.
Do not forget to provide your legal research within your memorandum. You may use case law to make comparisons, your textbook, and reliable Internet research to provide in-text citations for your work. Do not use Wikipedia.
Category
Description
Sentence Mastery
Possible
Points
10%
10
10%
10
10%
10
Spelling is proficient. Spellcheck
Grammar and
Mechanics
Organization and
Format
Sentences are consistently
grammatical. Major sentence-level
errors, including fragments, runons, and comma splices, are
avoided.
Sentences are graceful, i.e., they
can be read aloud without
awkwardness, awkward pauses, or
running out of breath.
Language is rich, precise, and vivid.
Weighting
has been used to avoid egregious
errors.
Grammar and mechanics are
sound, including mastery of the
following key elements: subjectverb agreement; verb form;
appropriate punctuation and
capitalization; apostrophe use;
appropriate word use.
There are no extra words, and
there are not missing words.
Organization and structure are
clear and easy to follow. Writing
shows clear purpose and orderly
transitions from beginning to end.
Sentences consistently establish this
organization and flow rather than
interrupt it.
Format meets APA guidelines and
Bluebook rules as appropriate,
including use of title pages. There is
no playful experimentation with
fancy fonts.
It is written for the appropriate
audience.
Points
Earned
Citation Style
Content
Writing shows both internal citations
in the body of the text as well as a
proper list of references at the end of
the paper, following APA or Bluebook
format.
Citations appear consistently where
needed, whether following quoted or
paraphrased material in the text.
Note: In papers requiring secondary
sources, failure to provide any
citation does not result in a
deduction of 10% from the paper, but
will result in a failed paper and a
plagiarism investigation.
10%
10
60%
60
Based on the given Scenario regarding
communications between Camille and
Sonya please respond to the following
questions in your memorandum:
Determine whether or
not a contract has
been formed using the
basic contract
principles of offer,
acceptance and
consideration.
Determine whether or
not any of the crucial
parts of the initial offer
may be missing.
Provide research
whether or not Camille
and Sonya’s prior
course of dealings has
an impact on the
parties’
communications
Determine whether or
not Sonya would be
successful against
CARDWARE INC.
should a lawsuit on her
behalf for breach of
contract be brought.
Total: 100%
Additional Instructor Comments:
[100]
Possible
Points
[ ] Points
Earned
