Appendix A: Short legal memorandum

AuthorAllan C. Hutchinson
To: Senior LP Partner
Date: October 16, 2008
RE: Oaks by Oakes Ltd.: Sale of Goods Problem
1. introduction
You have asked me to prepare a memorandum analyzing the circumstances
regarding the sale of goods between Mr. Oakes and Mr. Gerehead. The pri-
mary parties involved are our client, Mr. Owen Oakes of “Oaks by Oakes
Ltd.” and the other side, Mr. Gus Gerehead of “Machines ‘R’ Us.” The main
issue of this legal analysis is whether Mr. Oakes relied on the advice of Mr.
Gerehead or whether he specified the trade name when he purchased the
product from Mr. Gerehead. The problem falls under the main area of con-
tract law. For the purposes of this memorandum, the research methodology
was limited to an analysis of the authorities you provided in conjunction
with your initial request.
2. facts
Our client, Mr. Owen Oakes, is the owner of a millwork company called
“Oaks by Oakes Ltd.” Although he specialized in manufacturing oak spin-
dles for staircases, he decided recently to branch out to make oak trim and
baseboards. He spoke to a business associate, who recommended a milling
machine specifically by its trade name and manufacturer, which he bought
appendix a
short legal memorandum
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