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 against Mechanics National Bank (“National Bank”). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider.
Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work.
You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence.
Factual Background
Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel