Week 10: DRAFTING A LEGAL MEMORANDUM
Exercise 1: The following passage is the facts section of a legal memo.
Read the passage and put the verbs in brackets into the correct form (use
the appropriate tense, active or passive voice, and conditional forms
where necessary).
FACTS
Loman’s Fashions, a retailer of women’s and men’s outerwear,______
(distribute) 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_______(announce) that the store would open at 7 a.m. on
Friday, November 30, and_______(state) that the “early bird catches the
savings!” After about fifteen minutes, all the advertised coats_______(sell). At
7:30 a.m., a shopper inquired about the coats and______(tell) 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______(file) a complaint in Small Claims
Court, alleging that Loman’s ______(breach) a contract by failing to sell the
advertised leather coats at the advertised price.
Loman’s president, Willi Loman, stated that the store occasionally gives rain
checks when it is possible to replenish supplies of an item that Loman’s can
purchase at a discount. In this case, the manufacturer ______(discontinue) the
line of coats and Loman’s _______(prepare) to sell other, designer leather coats
at such a drastic markdown. Loman expressed concern that, if the shopper’s
interpretation______(be) to hold, Loman’s______(have) to reconsider its
marketing strategies; she_______(assume) that the advertised terms applied
while supplies lasted. She asks whether Loman’s______(have) any contractual
obligation under these circumstances.