Fact Situation
EntertainMe Inc. sent six unsolicited music CDs to your client. Your client, Xavi Brown, listened to the CDs and decided he did not care for them. About a week later, after receiving them, Xavi decided he did not want them and gave them to his brother whom he knew was an avid CD collector. Soon thereafter, EntertainMe Inc. sent a bill in the mail. Xavi told them he no longer had the CDs and was not going to pay for them. EntertainMe Inc. has filed a plaintiff's claim against your client for $100 representing the cost of the CDs.
MEMORANDUM OF LAW
Memo to: Michelle Pinto
From:
Re:
Date:
INTRODUCTION
The client, Xavi Brown is being sued for $100 being the cost of six music CDs that were sent to him unsolicited.
FACTS
- Goods were sent to your client via regular mail.
- Xavi Brown has never contacted EntertainMe Inc. and has had no previous contact with them previous to this lawsuit.
- EntertainMe Inc. got Xavi's name and address off of a mailing list.
ISSUE
Does Xavi Brown have to pay for the music CDs? Does the fact that he listened to the CDs and then gave them to his brother affect whether EntertainMe Inc. has a valid lawsuit?
LAW
DISCUSSION
CONCLUSION
REFERENCES