Posted: September 6th, 2015

Memoradum of Law.

WRITE A MEMORANDUM OF LAW
Read the (1-5 cases see below) to determine which case supports the (fact pattern see below) the BEST.

Write the following in Sections:
Discussion/Analysis; and
Conclusion

How you would argue this case if you were the plaintiff?

How you would argue it if you were the defendant?

Pay attention to the Court’s analysis as a guide to make a plausible legal counter argument.

CASES:
1. Ulwick v. DeChristopher, 411 Mass. 401, 582 N.Ed.2d 954 (1991)
2. Cremins v. Clancy, 415 Mass. 289, 612 N.E.2d 1183 (1993)
3. Makynen v. Mustakangas, 39 Mass. App. Ct. 309, 655 N.E.2d 1284 (1995)
4. Langemann v. Davis, 398 Mass. 166, 495 N.E.2d 847 (1986)
5. Wallace v. Wilson, 411 Mass. 8, 575 N.E.2d 1134 (1991)

FACT PATTERN:
Margaret gave her daughter, a high school student, permission to have a party at her house. She was not home when the party was taking place. Margaret never kept alcohol in her house, there was none on the premises when she left, and she did not permit her daughter to drink. She did not see anyone consuming alcohol before she left. One of the guest, Darren, brought beer to the party which he consumed. Although he did not appear drunk when he left the party, due to his intoxication he negligently drove his car into another car, causing injuries to the driver. Is Margaret liable for the injuries cause by Darren?

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