Your assignment is to watch the following clip from the classic 80’s film “Moving” starring Richard Pryor: https://youtu.be/eHANLC9JtWI
In the world of this assignment, you are an attorney who represents the character played by Pryor (Arlo Pear). He, along with his family, just arrived at their newly purchased home in a different state and he is hopping mad. He calls you and wants to sue the Seller for money damages.
The client requests that you identify any and all civil claims he may have against the Seller. Please also identify the specific court in which you would file the civil lawsuit. In addition, identify any and all damages the client may have and how those damages would be classified. For the purposes of this assignment, the Purchase Agreement executed between Buyer and Seller excluded all personal property from the sale of the real property. Also, San Diego County is both the location of the subject real property and the venue where the contract was executed.
The assignment has (3) components:
1. Spotting the potential legal issues by watching the movie
2. Researching the potential legal issues
a. Researching cases / common law from textbook
b. Researching statutory laws / rules from textbook
c. Your research does not need to expound beyond that of the textbook
3. Drafting your memo to the client
a. In drafting your memo, pleasure remember to fully articulate each potential legal claim using the IRAC format: (1) Identify the legal issue; 2) state the applicable Rule (law); 3) Apply the law to the facts of the case; 4) state a Conclusion).
b. Please also remember to use correct citation for every case or statutory law you use in your memo.
c. Identify all potential legal issues that the client would expect you to address. Therefore, even if it’s a losing argument or an invalid claim, you will need to inform your client as to why its not an actionable civil claim.
The assignment will be graded based on the following:
1. The number of legal issues identified
2. Applying the correct law to the facts of this case
3. The completeness of your memo using the IRAC format
This assignment may cover any material covered to date but clearly there is an emphasis on contracts generally; contracts concerning real property; and fixtures. Have fun!