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Memorandum of Law

HERE IT IS: ( This is an important assignment. Please look very closely at this) THANKS

Statement of Assignment – Sally would like to know if she has recourse against the car dealership regarding this issue.
II. Questions Presented
a. Whether the defendant committed unfair trade practices pursuit to N.C. Gen. Stat § 75.1.1 when he knew or should of have known about the history of the car even if they did not complete a full title search?
b. Whether the defendant committed unfair trade a misrepresentation to N.C. Gen. Stat §75.1.1 by telling that the vehicle had only had one previous owner prior to the sale? ( MAKE IT SOUND BETTER Because I had to come up with the issues on my own)
Brief Answers
c. No, based on N.C. Gen. Stat. 75-1.1 the plaintiff should sue the company and not the agent
d. Yes, the defendant knowingly lied when he said that the vehicle had only had one previous owner. ( MAKE IT SOUND BETTER)
Statement of the Facts – So, here are the main facts from our client
III.
( DON’T DO BULLET POINTS) MAKE THE THEM IN CHRONOLOGICAL ORDER PLEASE USE PAST TENSE. Make them flow.
• Name of the client is Sally Olene Sucker.
• She bought a car from Fast Eddie, a salesman at Hunters Used Cars on South Bouleward.
• He told her that the car was in good shape and only had one previous owner.
• Few weeks later she began having problems with the car such as ( roof leaked, the electrical motor would not work, and there was a funny smell inside the car)
• When she went to the dealership for the first time to see what they can do for her she learned that Eddie the car sales person were not longer there
• She went back to the dealership 6 times trying to fix these problems but the problems wouldn’t go away)
• After the sixth time her neighbor suggested to get a car history of the car, she gave the previous owner a call and found out if the previous owner had any problems in the past.
• The previous owner told her that she didn’t have any problems with the car until her grandson took it for a joyride one night and drove it to the pond at Freedom Park.
• The car was completely submerged
• After the incident she made a claim with her insurance company declared that the car was a total loss and paid her the claim.
• Insurance company was allstate so Salty gave them a call, allstate told her that they sold the car to Bob Savage Co. She than called them and learned that they fixed the car and sent car to Greensboro auto Auction. She than called the Auto auction and learned that Hunter’s bought the car at the auction. According to the lady at the auction the car had a clean title meaning it didn’t show that the car beep wreaked. She did mention that the car had a powerful smell to it, and any car dealer should realize what happened.

IV. Analysis
a. Issue I – The issue is whether the defendant is liable for unfair trade practices where he knew or should have known about the history of the car prior to the sale.
Give relevant verbiage of rule
State whether rule applies if possible (apply directly)
i. Part A – N.C. Gen. Stat. § 75-1.1 states that ‘nothing in this section shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station, or other advertising medium in the publication or dissemination of an advertisement, when the owner , agent or employee did not have the knowledge of the false, misleading or deceptive character of the advertising medium did not have a direct financial interest in the sale or distribution of the advertised product or service.’ ( REWARD IT IF YOU HAVE TOO) R
E
ii. Part B – Case Law
1. Case 1 – Ramsey v. Keever, 1988 N.C. App. 187, 374 S.E.2d 135 (1988) A
Plaintiff experienced problems with a vehicle purchased from the seller, the buyer discovered that the vehicle was declared a total loss after an accident and was repaired by the used car dealership that sold the car to the seller.
iii. Part C – Application of the law (holding) to facts of the client’s case
1. Discuss key facts of client’s case and key facts of case on point
a. Tell how case on point’s holding applies to client’s case Holding – legal principle that applies to the client’s case
The court held that summary judgment was correct as to the charges of fraud and unfair and deceptive trade practices. There was no general issue with regard to the seller’s knowledge of the vehicle’s accident history. Evidence including affidavits of the seller’s employees who stated that they had no knowledge of the accident history and the title from the used car dealership that did not indicate that the vehicle was rebuilt entitled the seller to judgment as a matter of law. Further the seller failure to conduct a complete title search did not constitute an unfair trade practice. ( PLEASE PUT IT IN YOUR OWN WORDS, I COPIED IT RIGHT FROM THE CASE)
Part D – Counter analysis – Counterargument to the primary argument made (most probably outcome.) You may also include a rebuttal to the counterargument if necessary.
AND THIS IS WHERE IT GETS CONFUSING … It should go something like The facts in Ramsey are very similar to the facts our case; Thus N.C. Gen. Stat § 75.1.1 should be employed…. ( Look at IRAC method- you cant simply google how to write a legal memorandum and it will guide you to the IRAC method which I already provided to here you in my own outline . ANAYLYSIS SECTION IS THE MOST IMPORTANT ONE )

b. Issue II – Is the issue whether the defendant committed unfair trade a misrepresentation to N.C. Gen. Stat §75.1.1 by telling that the vehicle had only had one previous owner prior to the sale? ( MAKE IT SOUND BETTER)
I
iv. Part A – Rule of Law (Enacted law) (legal principle ) if any
1. Give relevant verbiage of rule R
2. State whether rule applies if possible (apply directly)

N.C.Gen. Stat § 75. 1.1 The statute states that “ a)Unfair methods of competition on or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.”
v. Part B – Case Law
Case 2- Lee v. Payton, 67 N.C. App, 313 S.E.2d 247 (1984)
A
a. Facts of Case – sufficient to show why case is on point (key facts which align with client’s case)
The buyer bought a car from the sellers. The sellers had represented that the car was a demonstrator, but the fact the car was used. The buyer brought an action against the seller. He alleged that the sellers’ misrepresentation constituted an unfair trade practice in violation on NC Gen Stat 75. 1.1 ( Reward it please because its right from the text)
b. Holding – legal principle that applies to the client’s case
The court found that the acts of the sellers in mispresenting the nature and the quality of the car bought by the buyer were unfair or deceptive to the average consumer. The court found that all of the evidence established that a demonstrator was a more valuable automobile than a used car.
vi. Part D – Counter analysis – Counterargument to the primary argument made (most likely outcome.) You may also include a rebuttal to the counterargument if necessary. ( PLEASE LOOK WHAT I SAID IN PART ONE ABOUT THIS PARTICULAR SECTION)
V. General Conclusion – Recap of how authorities apply to clients facts
This should not be a repeat of the analysis.
VI. Recommendation(s) – Tell audience how we should proceed or whether there are other things that we need to do or focus on.

 

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