FACTS FOR THIS CASE
Captain Jack Sparrow Inc. sells new and used pirate ships. It makes most of its money from new products and attempts to move used ones quickly, particularly since the pirating season is greatly shortened during hurricane season, and it does not want to be caught with extensive storage costs throughout the summer. Each September it has a major “blow-out, ships-ahoy” sale which is heavily promoted and provides genuine savings.
Davey Jones is in the market for a used pirate ship. He tells the salesperson he wants a basic pirate, “no pirate tricks,” and as good a deal as he can get. The salesperson shows him three used pirate ships. She lets Davey Jones inspect each ship and tells him that they are each roughly equivalent. Davey Jones takes a quick look and picks the one with a painting of the horrible sea creature, the “Kraken”, since he has a real admiration for the beast. The listed price was 300 kilograms of solid gold; however, since Captain Jack Sparrow Inc. is anxious to sell its used ships, and since Davey Jones is a very persuasive negotiator, the parties agree to a selling price of 175 kilograms of solid gold.
A week later, after the hurricane season had ended, Davey Jones put the ship in the water to see how it sailed. After sailing for ten kilometres, the ship begins to take in excessive amounts of water. As the ship begins to sink, Davey Jones’ crew aboard the Flying Dutchmen arrive just in time to tow Davey Jones and his newly purchased ship ashore and they dock it at Captain Jack Sparrow Inc.’s docking port.
What are Davey Jones’ rights under the common law? Do the Sale of Goods Act warranties and conditions help Davey Jones? If Davey Jones commences an action against Captain Jack Sparrow Inc., what causes of action and remedies will he likely seek? What would a court likely decide in these circumstances? Will Davey Jones be successful in his lawsuit? Why or why not?
When doing the assignment, envision that you are a young lawyer and the fact scenario represents a case that has come to your office. A senior lawyer has asked you to write a memorandum of law. In that memorandum of law you are expected to be able to do the following:
- Identify the relevant parties or players in the fact scenario.
- Identify the relevant legal areas, principles and concepts that apply to the fact scenario.
- Explain why and how the relevant legal areas, principles and concepts apply to the fact scenario.
- Provide a likely outcome of how this fact scenario would be resolved by a Court or Judge. State your reasons why by applying the relevant legal areas, principles and concepts. For example, which party should be successful, the plaintiff (the party suing), or the defendant (the party defending or responding to the plaintiff’s law suit?
- DO NOT REGURGATATE THE FACTS.
LOGISTICS FOR THIS ASSIGNMENT
- You are required to submit a paper between 500-750 words. This paper should be double-spaced, 12-pt font (TNR or Arial preferred).
- You are expected to include at a minimum 3 references – and at least one must come from a source other than your textbook. All references must be prepared in a standard format. For further information about referencing, including standard styles, please see http://www.lib.uoguelph.ca/assistance/writing_services/resources/citing_&_referencing.cfm .
- Using the special “dropbox” accessible from the “submit” button on this website, you will upload your paper in .rtf format.
Here are some tips on how to do this, in case you are unsure.
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