Dixie is sure you have had at least a few instances in your career when you needed to write a multiple page business letter or two. Contract letters, legal findings, claim summaries and some other types of business letters can often run to many pages. And even in writing not so long letters there are cases when a letter can be squeezed on a single page but it would mean forsaking margins, formatting and white space that the eyes need to discern the writing easily.
April 26, QUESTION PRESENTED 1 Under New York law, 2 did 3 Loman's Fashions' description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a "manufacturer's closeout" and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms?
The ad announced that the store would open at 7 a. The store manager declined, and the shopper filed a complaint in Small Claims Court, 9 alleging that Loman's had breached a contract by failing to sell the advertised leather coats at the advertised price. In this case, the manufacturer had discontinued the line of coats and Loman's was not prepared to sell other, designer leather coats at such a drastic markdown.
Loman expressed concern 11 that, if the shopper's interpretation were to hold, Loman's would have to reconsider its marketing strategies; she had assumed that writing a one page memo sample advertised terms applied while supplies lasted.
She asks whether Loman's would have any contractual obligation under these circumstances. Loman's contends that the advertisement was intended to apply while supplies of the item lasted, and that is it not obligated to sell the shopper a comparably valued coat at the advertised price.
The issue in this case is whether a retailer's advertisement will be considered to be an offer that may be turned into a binding contract by a shopper who signifies an intention to purchase the items described in the advertisement.
A court would likely conclude that the shopper did not state a cause of action for breach of contract because the advertisement did not constitute an offer which, upon acceptance, could be turned into a contract but rather and invitation to negotiate. The only general test is the inquiry whether the facts show that some performance was promised in positive terms in return for something requested.
However, a purchaser may not make a valid contract by mere acceptance of a "proposition. Nor does the purchaser have the right to select an item which the seller does not have in stock or is not willing to sell at a reduced price.
In Schenectady Stove Co. Under these circumstances, the Court of Appeals held that no contract was ever made between the parties with respect to an order that defendant submitted because the plaintiff had not made an offer that was complete and definite in all material terms.
Hence, it was not possible for the defendant to make a valid contract by mere acceptance of a "proposition. Similarly, in Lovett, a department store advertised that it would sell, deliver, and install certain "wellknown standard makes of radio receivers at 25 per cent.
The plaintiff had demanded a particular model of radio that was not listed in the ad, and the defendant had declined to sell it at the reduced price. The court held that an advertisement by a department store was not an offer but an invitation to all persons that the advertiser was ready to receive offers for the goods upon the stated terms, reasoning that such a general advertisement was distinguishable from an offer of a reward or other payment in return for some requested performance.
The court further held that, even assuming the plaintiff's "acceptance" turned the offer into a contract, the purchaser did not have the right to select the item which the defendant did not have in stock or was not willing to sell at a reduced price.
By its terms, the advertisement announced that it had a stock of coats to sell, and described the coats as a manufacturer's closeout selling at a substantially reduced price.
As the court noted in Lovett, 19 a prospective purchaser does not have the right to select items that the retailer does not have in stock or is not willing to sell at a reduced price.
However, the ad indicated that the store, opening for business on the day of the sale at 7 a. By announcing that "the early bird catches the savings," the ad could fairly be read to mean that the supplies were not unlimited.
The question should be sufficiently narrow and should be objective. Here, since the question presented is designed to highlight whether the facts indicate that a formal contract offer has been made, you would not use the term "offer" in framing the question, i.
Rather, reserve your legal conclusions here, whether or not the advertisement constituted a formal offer for the short answer section.
Although the "question presented" section is short, it must i provide a concise reference to the legal claim and relevant doctrine and ii incorporate the most legally significant facts of your case.
A complete and well-balanced question presented is incisive — it immediately gets to the heart of the legal question — and it orients the reader to the factual context.
You may not be sure which facts are most legally significant when you first start writing the memo.Home > Legal Writing Center > For Students > Drafting a Law Office Memorandum > Sample Sample Memo; Advanced Sample Memo First Draft; Advanced Sample Memo Final Draft; Writer's Questions: Focusing on Your Audience; Sample Memo.
TO: Gaby You may not be sure which facts are most legally significant when you first start writing the memo.
sample business memorandum (The business memo format is best suited for presenting analysis and results of an issue that requires no more than pages of text and a couple of tables and exhibits. How long should a writing sample be? Most employers seek employees who can synthesize large amounts of information into a short, concise, actionable summary.
“Often a one-page memo is a more compelling example than a long term paper,” says Lynne Sarikas, director of the MBA Career Center at Northeastern University’s College of . Memos state facts and therefore fiction writing has no place in a memo.
Examples of effective memos are found in the page for your review. All the free writing samples shown can be downloaded via the download link button below each sample. Also, keep the total memo length to under one page, if possible.
Sometimes companies use memos to communicate short reports (two pages or more). For these types of memos, the format changes, as shown in the following example. Oct 21, · One of them is the concept of memo writing. On the very last page of his book, there is a one-page summary of the entire book.
In the spine of the page is the following statement.