Analysis and Consequences of Legal Action(S) Essay

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Pages: 21

Legal Eagles, LLP

November 1, 2011
Analysis and Consequence of Legal Action(s)
To: Rebecca Warren
On behalf of Team A:

Contents ANALYSIS FOR SUCCESSFUL LAWSUIT REPORT 3 Purpose 3 Factual Background 3 Issue 4 Roadmap 4 GROUNDS OF LIABILITY 5 Remedies for Negligence 5 Statutes Governing Contract Law 5 ANALYSIS OF NATIONAL BANK’S LIABILITY 7 Tort of Negligence 7 SUMMARY 10 DEFENSES AGAINST LIABILTY 10 Other Considerations 10 Analysis of Income 11 Offer and Acceptance Analysis 12 Summary 14 CONCLUSION 15 RECOMMENDATIONS 15

ANALYSIS FOR SUCCESSFUL LAWSUIT REPORT
Purpose
Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action
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* Injury: Injured party (you) sustained injury due to defendant’s actions.

If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings.

However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.)

Remedies for Negligence
If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.)

Statutes Governing Contract Law
Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green