Identify all legal issues and their details, go through the correct steps in analyzing them, and come up with conclusions on each of them.
Identify all legal issues and their details, go through the correct steps in analyzing them, and come up with conclusions on each of them.
June 18, 2020 Comments Off on Identify all legal issues and their details, go through the correct steps in analyzing them, and come up with conclusions on each of them. Uncategorized Assignment-helpThe following story appeared in the local town paper Collegetopia Today [“Collegetopia”]. The town of Collegetopia is a common law jurisdiction, relying on case law, the Restatement (Second) of Contracts, and the UCC. Tape-recorded telephone conversations between Defendant Dyllan, governor of Collegetopia, and the Plaintiff, Pat, who is suing Collegetopia, bolstered Pat’s legal claims that the governor agreed to pay Pat $4,000 per month until Pat’s teen-age child finishes college. Both Pat and Pat’s attorneys contend that Dyllan made a legally binding contract to financially support Pat and Pat’s child, whom Pat had with a lover. The love affair ended in 2006. Pat has indicated that Dyllan made payments to Pat for three years, then stopped. Pat then filed a lawsuit for past due payments; additionally, Pat asks for damages of $4,000 per month from August 2010 until May 2015, when Dyllan’s child will graduate from college. For the first time, transcripts of phone conversations between Dyllan and Pat were made part of the record in the Collegetopia District Court, where Pat first filed suit in July against Dyllan. In the suit, Pat charged that Dyllan made a legally binding contract to provide financial support for Pat and Pat’s child. Pat alleges that Dyllan agreed to make payments until Pat was able to get and keep a job in Dyllan’s field—fundraising and public relations—or, in the event that Pat was unable to get and keep such a job, to continue the payments until Pat’s child was out of school and college. Dyllan’s lawyer countered with a motion to dismiss Pat’s claims. Dyllan’s lawyer argued that Pat claimed only a verbal contract beginning in 2006 and that Collegetopia law required terms of such contracts be fulfilled within one year. Dyllan’s lawyer claimed that there wasn’t a contract because Collegetopia law required that both parties give something of value to the other party. Finally, Dyllan’s lawyer claimed that Pat had not agreed to do anything in return for the payments Pat said Dyllan was obligated to make. Pat’s lawyer countered, saying that taped phone conversations between Dyllan and Pat “constituted a writing” and was evidence that a binding contract existed. Pat’s lawyer also claimed that Pat, for Dyllan’s part of the contract, had agreed not to file a lawsuit against Dyllan over their having divulged private details to news reporters about their affair. Transcripts entered in the court record were from several phone conversations in those three years (from 2016-2019). In a purported phone conversation from 2018, Dyllan allegedly pledged to Pat that they would continue sending Dyllan money. Identify all legal issues and their details, go through the correct steps in analyzing them, and come up with conclusions on each of them.