Step two:

Review the textbook’s chapter 12 (consideration) and chapter 13 (discharge) for information on the topic of accord and satisfaction.  The concepts and issues discussed are central to this assignment.

Step three:

Review the textbook’s chapter 4 on Courts and Alternative Dispute Resolution. According to the American Bar Association “relatively few lawsuits ever go through the full range of procedures and all the way to trial. Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the trial, while the jury is deliberating, or even after a verdict is rendered.” See ABA: How Courts Work.

Why not settle the dispute even before the lawsuit starts? What are the benefits of settling before the lawsuit begins? Explain.

A demand letter is the first step in settling a civil case. What is a demand letter and how might a demand letter be effective in reaching a settlement of this dispute before the case goes to court? Explain.

Step four:

Draft an effective demand letter to Home Improvements, Inc. on behalf of your client, Molly. Refer to the Nolo website, which has good instructions on how to write a demand letter. The instructions are free.

Step five:

Answer the following question: If Home Improvements ignores the demand letter and proceeds with the lawsuit against Molly what will be the result? Judgment for whom?  Explain using the IRAC method. (Hint: Don’t forget to include a discussion of the concept of unliquidated debt.)

DETAILED ASSIGNMENT

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