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Business Paper - Essay Example

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Name: Institution: Course: Tutor: Date: M E M O R A N D U M TO: Mr. Gary Brown FROM: Austin Nelson RE: Legal Analysis of Charitable Donation Dispute Introduction You have asked me to review and provide feedback and suggestions concerning your Charitable Donation Dispute…
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Download file to see previous pages Through this memorandum, I have given you the details of the law and have broken them down to a level that makes it more straightforward and understandable. You should make a decision about which way you would like to fix this issue as soon as possible. This will ensure that justice is pursued and attained accordingly. Reviewing and evaluating the legal aspects of decisions made at different situations is of paramount importance especially in this environment that is characterized by trickery and lies. Thus although your intentions towards charitable donations are geared towards enhancing the good of the society, relative relationships and agreements that you enter into need to be defined by legal provisions. From a legal point of view, it cannot be disputed that you were misled by Integral Health Facility into paying them that particular amount of money. This action raises various legal concerns regarding parole evidence, specific performance, recession and so forth. Undoubtedly, the health facility breached the contract and the legal implications of this are diverse. Although factual information regarding these has been analyzed in the preceding segment, the final decision with respect to the legal measures to take is still yours. The problem To understand the legal implications that are related to your case, it is important to acknowledge the legal dimensions of this case. These provide useful insights regarding the bone of contention and enable you to make informed decisions. Respective understanding will for instance help you to understand the far you can go with regards to taking practical steps to address this legal concern. From the information provided, it cannot be disputed that you actually wanted to build a cancer health facility in remembrance of your mother. After being informed by Integral Health Center that they had plans to build a similar facility, you requested them to allow you finance the project and have it named after your mother upon completion. According to you, Integral Health Center wholeheartedly agreed to this proposition and you made the payments accordingly. You signed a contract which did not indicate that the facility would be named after your mother. However, you talked with the Chief Executive Officer (CEO) about the naming ceremony that was set to take place once the institution was completed. Probably, you presumed that these provisions would be effected regardless of not having been documented in the contract. However, the institution did not begin the construction and after your first inquiry, it promised to start constructing after three months. This was not effected and at this point, you met the Chief Executive Officer. It is at this point that the CEO informed you that the institution’s decision to build the facility was not firm and that it was not going to pursue it. The CEO however promised that the financial resources were going to be used on another equally important project. The bone of contention in this respect is the institution’s failure to build the facility, even after receiving money from you. Your claim is that the institution builds the facility and names it after your mother as agreed upon. From this case, there are various legal concerns that arise. The Notion of Fraud in the Case To understand the element of fraud in this case, it would be important for you to be conversant with the legal constituents of this malpractice. To begin with, there needs to be a false statement in the entire scenario1. This is ...Download file to see next pagesRead More
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