Statement of Facts

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Unit 6 Assignment- Identify the Legal Issue(s) and Statement of Facts December 19, 2010
Introduction to Legal Analysis Writing PA205
Holly Ewell

Unit 6 Assignment
-Does a valid contract exist between Mr. Lotts and Mr. Bibe? -Is Mr. Bibe bound by the contract he entered into with Mr. Lotts? -Was Mr. Bibe intoxicated when he signed the purchase agreement to buy Mr. Lotts’s coffee shop? -Did Mr. Lotts commit fraud against Bibe by purchasing alcohol prior to the contract agreement for the sale of his coffee shop? Short Answers:

-A valid contract does not exist between Mr. Lotts and Mr. Bibe because Mr. Bibe had no power to make a contract of any kind because he was entirely without understanding. -Mr. Bibe is not bound by the contract due to his intoxicated state at time of transaction. -Mr. Bibe was absolutely intoxicated when he signed the agreement, having shared four bottles of wine with two other persons. -Mr. Lotts intentionally took advantage of Bibe’s state of intoxication by contributing more wine and persuading him to sign the agreement. Statement of Facts:

Mr. I.M. Bibe has a bachelor’s degree in business administration, with an emphasis in accounting and a master’s degree in marketing. Shortly after obtaining his master’s degree he began employment with a computer chip company as a marketing assistant. Over the last several years he held various marketing positions and currently at age thirty-two holds a position as a marketing executive. Mr. Bibe and his group have reached their sales and marketing goals for the third year in a row, which has entitled each of them to another $150,000 bonus.

Last Friday, at approximately 12:30pm., Mr. Bibe and three co-workers left the office to celebrate reaching their sales and marketing goal for last year. Mr. Bibe and two of the co-workers drank two bottles of wine with their lunch. The third co-worker, Owen Lotts only drank water. While Mr. Bibe and the other co-workers drank the...
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