Appendix A: Short legal memorandum

• Author: Allan C. Hutchinson
• Pages: 257-261

memorandum

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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