INSTRUCTIONS: Your memo should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualifications and limitations, and their relationships to each other. Your answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them. If your answer contains only a statement of your conclusions, you will receive little credit. State fully the reasons that support your conclusions, and discuss all points thoroughly. Your answer should be complete, but you should not volunteer information or discuss legal doctrines which are not pertinent to the solution of the problem. You should answer the questions according to legal theories learned this semester. This does not require legal research beyond your textbook.
Problem: Marcy is the owner of the newly opened Marcy’s Miracle Car Wash, where car washes cost $25. While she was grocery shopping in her hometown, which is located 20 miles from Marcy’s Miracle Car Wash, she was greeted by her friend Arlene. After they chatted for a moment, Marcy said, “Come by my new car wash and I’ll give you a free car wash tomorrow.” Arlene replied, “Thanks. By the way, we’ve got a few extra tickets for the theater tonight. If you want them, they’re yours.” A few minutes later, Marcy ran into firefighter Rondo, who worked in Marcy’s hometown. Marcy said, “Firefighter Rondo, if you will drive by my house soon and make sure everything is OK, I’ll give you a free car wash tomorrow.” Rondo, who was about to begin his job in Marcy’s neighborhood, replied, “I accept your kind offer.” Rondo then left the store and drove to the fire station, which, as always, promptly took him by Marcy’s house, where everything was in order. When Marcy returned home from shopping, she saw her next door neighbor, Cameron. Marcy said, “Cameron, I’ll give you a free car wash tomorrow at my new car wash.” Cameron replied, “Thanks, I’ll take you up on that.” As soon as Marcy arrived at work the next day, she found a long line of cars at the car wash. She phoned Arlene and Firefighter Rondo, and told them that she would not give them free car washes. Then she saw Cameron, who had left work and driven for one-half hour to get to the car wash and was waiting in line. Marcy immediately told Cameron, “I am not going to give you a free car wash.”
Does Marcy have an enforceable obligation to Arlene, Rondo, or Cameron? Marcy asks you, her assistant manager, to advise her in a legal memo. Discuss in memo form to Marcy her legal obligation to all three of the other parties using the legal concepts learned this semester. Your memo should state the relevant facts for your discussion, the issue, the rule of law that applies and how the rule of law is applied to the relevant facts to answer the question raised in the issue. This does not require legal research beyond your textbook.
To learn how to write a memo, you should consult Purdue OWL here: General Memo Information https://owl.purdue.edu/owl/subject_specific_writing/professional_technical_writing/memos/index.html
