Draft a response to Barcena Entertainment’s defense.

Week Four Assignment

Facts Related to Lawsuit:

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Barcena Entertainment, Inc. asked Miami Sound Production to edit three tracks for DJ Boris to release prior to the summer music festival circuit. Miami Sound Production had previously done work for Barcena Entertainment, but Miami Sound Production had not been fully paid for those projects. Miami Sound Production agreed to edit the tracks if Barcena Entertainment made a significant payment on the balance due. Barcena Entertainment agreed and gave Miami Sound Production a check for $15,000. Miami Sound Production began working on the tracks work the same day. The following morning Miami Sound Production faxed an unsigned written agreement to Barcena Entertainment. Two weeks later, Miami Sound learned that Barcena had stopped payment on the check, so they immediately stopped working on the tracks. As the general manager of Miami Sound Production, you file a civil lawsuit against Barcena Entertainment for breach of contract. Barcena Entertainment’s answer states that the unsigned agreement faxed by Miami Sound Production revoked the original offer (thus, voiding the agreement to pay a past due bill), and therefore there was no contract to breach.

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Assignment:

 Draft a response to Barcena Entertainment’s defense.

Response Criteria:

1. Paragraph One: Introduction 2. Paragraph Two: Discuss a state case with similar facts to our lawsuit where the plaintiff

won (i.e., Miami Sound Production would be entitled to the breach of contract remedy). Compare and contrast the facts from the case cited to the facts from our lawsuit. Discuss the court’s reasoning and ruling.

3. Paragraph Three: Discuss a state case with similar facts to our lawsuit where the defendant won (i.e., Barcena Entertainment would have a valid defense). Compare and contrast the facts from the case cited to the facts from our lawsuit. Discuss the court’s reasoning and ruling.

4. Paragraph Four: Based on the two cases you cited, which one seems more likely to be applicable to our lawsuit? Discuss your reasoning (i.e., explain why Miami Sound Production is likely to win or why Barcena Entertainment is likely to win).

5. Paragraph Five: Conclusion

Commentary:

 This assignment will require you to analyze both sides of this legal issue. Remember, in every lawsuit there are two sides. No one side is ever 100% guaranteed to win. The ability to draft strong arguments based on case law that may be against us is key to winning.

 Save your work as a doc or pdf file.

 

 

 Use Times New Roman (size 12), double-spaced, with one-inch margins all around.  Submit your file through SafeAssign. Review and revise until there is 30% or less in

matching (citations do not count towards that 30% limit).

Grading Criteria

Content (40%):

 Response is at least 70% original (only 30% matching as per SafeAssign).  Response is thorough and logical.  Arguments are based upon case law.

Sources (25%):

 Two state cases from home state or future home state.  One case is applicable to the plaintiff’s argument (Miami Sound Production) and the

other is applicable to the defendant’s argument (Barcena Entertainment).

Citations (10%):

 Cases are cited correctly.  Citations meet APA or Bluebook Practitioner Rules.

Grammar (10%):

 None to minimal errors.  No personalization (no use of I, you, we, us, etc.)  No contractions.  Work is proofread to eliminate sentence structuring mistakes.  All work submitted must meet scholarly-level writing standards.  When in doubt, FNU’s Writing Lab should be consulted prior to submitting.

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