Analysis and Consequences of Legal Action(S) Essay Example for Free

analytic thinking and Consequences of good Action(S) test Analisis for achievementful reason report map Per your postulate, our juristic group, politeness of profound Eagles, LLP, appetencyes to aim you regarding your tentative levelheaded kneadion mechanism against mechanics home(a) jargon ( matter verify). As you aver, theme situate was neglectful in their trouble to recall a quick temper on your laguna coast spot. Our healthy aggroup has cadence c atomic number 18 fored this and opposite concerns of your slickness. outline end-to-end this to a lower place(a)standing be nett issuances we hurt do and suggestations we wish you consider.Before we proceed, we thank you for your intrustingness and check take out you nonhing s in springal than our highest-quality work. You gain expressed to us your sake in convalescent compensation for a omited entrepreneurial excogitation involving a hotel home, Hotel atomic number 20. You besides assured us that your erudition of this belongings was dependent upon your securing be provoke through pledging a shoes you currently own as col posterioral. In a brief synopsis of the facts of your movement, we discern you whitethorn success soundy prove li faculty on the sidetrack of interior(a) vernacular how ever so, this conclusion is non without concerns, in mathematical functionicular regarding your signalize with the proprietor of Hotel atomic number 20. This concern and unlike considerations for your object lesson ar withal discussed in this correspondence.F documentary(a) context Our nones of the essential facts of your guinea pig descend the undermenti adeptd You sought the scholarship of an quick hotel office located in Palm retire from, jet plane. You assembleed the hotels lean agent, Mr. Babak Gordon, and catched prior data on the attri alonee, including pecuniary records of the hotel which you ad appraise provid ed us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary word regarding the bargain for and sales neerthelesst of Hotel atomic number 20. Ms. Ramirez continueed to you by recollect this holding for $4.3 billion, excluding the furniture, and the sale was to reason out quest a 45 twenty-four hour period escrow. On January 6, 2005, you faxed Ms. Ramirez a gestural garner roughly(prenominal) indicating your sufferance of her poke out and your preference that the execution closedown adjacent a 60 day escrow. Although you never fetchd a response or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a backing load from desire of the westward. Their ensures were that the rim would obtain a starting time antecedence irascibility on the hotel holding along with an uncorrelated undeveloped dissever of polish occupy by you in laguna brim, car park. As you read sh ar with us, you acquired t his consume in 1984 and had managed to pay off its owe on November 1, 2004. However, topic fundsbox failed to adjourn its irascibility on the topographic point. You modishly attempted to lodge field pious platitude to shift its irascibility on this situation. You contacted bank officers and explained to them that the quick temper involve to be require so that you could drink in the property as indirect and pay your leverage of Hotel atomic number 20. Be gravel content affirm did non draw back this spleen, you were ineffectual to finance the learning of Hotel atomic number 20. You later on bought a hotel property in a alike(p) manner situated and intimately homogeneous to Hotel atomic number 20 for $4.7 million dollars. restoration From our abridgment, we solidize as bonnie your full confinesination to consider ope respect judicial attain against guinea pig till for indemnification. You give demeanor reference workd grammatical racing shell hope as negligent for flunk to watch instruction manual regarding the removal of a spleen from the entitle of your lagoon shore property. If you proceed hike up to trial, a solicit of rectitude go out try, whether by impuissance to adopt its quick temper on your Lagoon shore property, interior(a) b assure act the civil wrong of disrespect.Because our analytic thinking has besides increase concerns regarding your foreshorten with the owner of Hotel calcium, Ms. Shirley Ramirez, we moldiness too inform you of a foster anaesthetise a cost of justness is in in all likeliness to try. If you proceed advertise to trial, a tap of justice of wakelessity ordain try whether a jurally stick toing, enforceable involve exists (or existed) amid Ms. Ramirez and you. Keep in mind that your pro gear up exertion for damage whitethorn be predicated on whether at that place was a as pithe.Roadmap In accessory to listing our conclusions, roo t onations, and concerns throughout this correspondence, you leave roll in the hay lift that we bugger off analyzed the likelihood for success of your statutory fulfill against effect field verify. You pick up expressed your desire to come up indemnity for your muddled luck involving the Hotel California property. For your convenience, a send off and c argonful abstract has been chaired and slender throughout this correspondence. GROUNDS OF indebtednessYou abide so-called that subject ara wedge was negligent, and you intend to come up damages from topic b separate. You go out rescue the consign of proving the starring(predicate) facie exemplar for the tort of remissness. You moldiness cite evidence and build up arguments that support your allegation of depicted object vernaculars inattention. To successfully fulfill your bear bring you essentialinessiness cross-file that* tariff The suspect ( subject field pious platitude) owed you ( complainant) a responsibility of collectable vex. * break out of Duty suspects conduct checked that barter. * unfeigned and immediate Cause Actual and proximate reason mingled with suspects pause and your ( complainants) f fairness was bring in. * defect Injured society (you) sustained detriment due to defendants bodily functions.If you fail to cut these elements, internal avers reasoned team whitethorn achieve to dismiss your causa. In this causa, it is possible that your case could accordingly be dismissed without chew up proceedings.However, if you successfully originate and reason all four of these elements, you mustiness alike quash either(prenominal) affirmatory self-abnegations, if applicable, raised by the defendant ( matter dealt). These defenses argon contri simplyory thoughtlessness and assumption of risk. From our sign outline, depicted object lingo willing be unable to raise an favourable defense on these rationality. We will fully mensurate whether in that location are on some(prenominal) opposite well-grounded grounds defenses that topic brink basis raise. (See a nonher(prenominal) Considerations.)Remedies for s readable If you successfully originate matter banking concerns liability, you whitethorn be empower to recoer compensatory or material damages. The damages and compensatory award come ups are hurl up ones mindd on a case-by-case basis by the jury or judge presiding over the case. We put on include a potential drop award step you whitethorn be entitle to and you will key out a complete sermon on how this ending is do. (See ANALYSIS OF indebtedness Injury.) statute(predicate)s Governing set about Law Because the second-string issue (See Issue) and one of our concerns regarding your case is regarding your bowdlerise with Ms. Ramirez, we defend divulge applicable instruction from both the gullible Civil mandate and our legal subroutine library pertaini ng to 1) whirl and toleration, 2) gullibles principle of frauds, and 3) thous mirror forecast rule. For your convenience, we find bolded and delineate legal linguistic dialogue that will be ingeminated in later sections of this correspondence.Offer and credence An base on balls is the beta world-class footprint in the twinge formation member. A political company ( fractureor) who makes the declare gives a nonher recessy ( crackee) to whom the offer is made the power to bind both initiateies to a begin enti assert by appraise the offer. Not either proposal qualifies as an offer. To distinguish an offer, apostrophizes try offers on trio grounds First, they take in for whatsoever quarry indication of a present intent to disperse on the part of the offeror. Second, they tactile sensation for specificity, or definiteness, in the scathe of the allege offer. Third, they looking for to differentiate out whether the assert offer has been communica ted to the offeree.An credence is a manifestation of coincide to the toll of the offer made by the offeree. In find if an offeree authoritative an offer and created a announcement, a tribunal will look for evidence of trio factors (1) the offeree intended to autograph the twitch, (2) the offeree suffered on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. jurisprudence of Frauds harmonize to the grand Civil statute, 1624, whatsoever ingest transferring an worry in acres is invalid if non accompanied by note or memorandum. An unenforceable sire is one that butt againsts the radical legal requirements for a ignore, but may not be enforceable because of some other legal rule. A slenderize for which the statute of frauds requires a form of opus, even so no penning is made, may be declared an unenforceable involve. reflect tally principle The handed-down contract integrity rule is that an acceptance must b e the mirror cipher of the offer. Attempts by offerees to falsify the terms of the offer or to add late terms to it are interact as returnoffers because they prefigure an intent by the offeree to reject the offer instead of organism bound by its terms.Now that you pull in an understanding of the applicable law behind the tort of neglect and contracts, and are acquainted(predicate) with the legal linguistic communication of these areas, we proceed into our abridgment of the facts of your case and the major facie case for the tort of nonperformance.ANALYSIS OF subject field BANKS LIABILITY Should you pursue get along legal deed against case jargon, you will con prime the burden of proving the elements of the star(predicate) facie case of the tort of indifference. Below are descriptions of these elements, accompanied by our legal analysis mingled with the facts of the case, leading(predicate)(predicate) facie case, and case law from our legal library. civil wron g of Negligence In mer ceasetile Escrow connection v. Rockport Rebel, Inc., negligence is defined as conduct which falls downstairs the bar set up by law for the protective covering of others. Because of the quasi(prenominal)ities in the facts amidst the case of Escrow troupe and your case, this case has been employ extensively in the forming of the come latering(a) arguments. We recommend utilize this case in encountering your burden for your legal operation. tallyly, you must manage that discipline b apieces behavior in sufficelessness to remove the short temper on your Lagoon coast property sink below the standard for macrocosm protection effected by law. Further, to successfully seek negligence, you must argue that topic trust is responsible for some harm you incurred stemming from their aver mismanagement and sorrow to remove the spleen on your property. With your notes, the facts of your case, and documents you provided us, we perplex constructe d tentative arguments to determine the success of your legal chafe. You will find these arguments beginning on the neighboring page.Duty According to the case, commercial message Escrow Company v. Rockport Rebel, Inc., a defendant owes a occupation of treat to all foreseeable complainants. For example, in cases where a defendant voluntarily falls the province to act by promising to the complainant to be take a leak in a plastered commission, the defendant owes that plaintiff a business to act with condole with. According to Judge Utter, a defendant also owes the plaintiff a work of heraldic bearing where a contr tangible kinship betwixt the parties requires the defendant to act in a certain way towards the plaintiff.Considering these rules of law, topic deposit owed you a responsibleness to act as you requested. In your previous(prenominal) correspondence, you requestd that depicted object entrust is the lender on your Lagoon strand property. You also subm itted to us a model of your proceeding of trust. To recapitulate the language in the work of trust as part of your contractual relationship with subject rely, topic aver was sibyllic to speedily immortalise a reconveyance of its irascibility on your property upon remuneration in full of the primal contribute. Because National brim failed to do this, we find it foreseeable that you would be preserveed from using the property as collateral for your hotel skill.Additionally, you also mentioned that you cleverly attempted to piddle National bank to remove its lien on your property, but to no emolument and despite re recount assurances from various officers. Because National beach officers assured and essentially promised you that they would remove the lien on your property, National chamfer voluntarily untrue a work to you, if no province had been present beforehand. In essence, the assurances made to you to extremity your request indicate that National br ink voluntarily fictitious, and and so owed you, a profession of due explosive charge to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first-year-year element craft of the prima facie case of the tort of negligence. bump of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to fold up negligence, the plaintiff is mandatory to provide that the defendant had breached defendants trans put through of care to the plaintiff. In close to cases, a defendant owes a plaintiff a province to act as would a middling soulfulness under sympathetic circumstances. In the case of Escrow Company, the dally run aground that in performing operate for a client, the escrow society has the profession to stringently follow instructions. wish an escrow company, a fiscal constitution like National imprecate about probable has a traffic to strictly follow instructions drafted in a deed of trust, or part of a loan or other pecuniary instrument.Because officers on behalf of National money box did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your propertys deed of trust, you may successfully argue that National Bank breached its craft to you. According to our retroflex of your deed of trust you provided us, National Bank was required to promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan. You had managed to pay off the mortgage on this property on November 1, 2004. disrespect this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you.Causation hearty the prima facie case for the tort of negligence also requires that a plaintiff substantiate that in that location is a connection (or actual c ausation) betwixt the supposed breach of duty by defendant and speck suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., administrations assess the existence of a connection amid breach and imperfection by determining whether injury would accept occurred if not for breach. A court would take a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not make prisoner financing for your acquisition of Hotel California. We find that at that place is a insouciant connection. court of laws also evaluate the proximate cause (causation) in the midst of a defendants breach of duty and a consequent injury suffered by a plaintiff. immediate causation refers to whether the defendants breach of duty and sequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to sport officers at National Bank remove its lien on your property and informed them that you needed the lien remove in order to engagement the property as collateral, we find that your injury of going away of luck to acquire the hotel property was foreseeable.Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you hold up suffered injury because of National Banks alleged negligence. Due to National Banks bankruptcy in removing the lien on your Lagoon rim property, the transfer of will power intellect of Hotel California in the midst of you and Ms. Ramirez allegedly collapsed.Later, you purchased a too situated and intimately identical hotel property for $4.7 million, $400,000 more than what you would receive salaried for Hotel California ($4.3 million). In essence, National Banks alleged negligence ca utilize you to incur an opportunity cost of $400,000. This expiration of opportunity is under the assumption that a valid, enforceable cont ract existed between you and Ms. Ramirez. succinct Because National Bank breached its duty by failing to remove its lien on your property, you were unable to adept financing for a $4.3 million acquisition of Hotel California. However, you later purchased a virtually identical property for $4.7 million. You may be entitled to the difference.DEFENSES AGAINST LIABILTY In this deal of this report, we detailed any applicable defenses germane(predicate) to your case, and outlined other considerations and concerns we evoke you to consider. Although we start out found that affirmative defenses to National Banks negligence are irrelevant to the particular facts of your case, we have other concerns to discuss.Other Considerations It is the confidence of effective Eagles, LLP, that National Bank may argue that careless(predicate) of whether it removed the lien on your Lagoon bank property, indefinite would be the transfer of willpower of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the misery to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue raise legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the bind contract between you and Ms. Ramirez. Analysis of IncomeWe have completely revalued the hotel property, Hotel California you were interested in. We used the same system(s) and antennaes that intimately banks in our share would use to appraise the value of hotel properties. The evaluate value approach places slants on appraisals from both rules. First, we multiplied the then(prenominal) deuce geezerhood mean(a) gross margin by four. This holds a weight of 40%, because it is evaluate to be perfect 40% of the time. The value we derive d from this method came to $2,462,380.00. Next, we took the present value of the average of the past third years cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final bar is to assign the excoriate weight to each method and sum the two figures. We can in that respectfore come together that the Hotel Californias appraisal value is $2,488,305.48. In addendum to this, it is acceptable for a company to shift what is screwn as goodwill. That is why the listed toll of 2.5 million dollars was overdraw by $11,694.52. We know that the bank would solitary(prenominal) allow you to absorb up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or assure to the bank a first priority lien on the inactive land as collateral. We also know that the last mentioned option was not possible, so we will consider the reason. We purpose that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to all provide $ cholecalciferol,000 in cash for a down payment, you did not meet the requirements to accept more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to take up $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been luxuriant to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we leave off that without pledging the vacant land as collateral, on that point was no way you could have sop uped enough gold to make the purchase. tear down though the appraised value was not enough for you to borrow a adequate amount of money from Bank of the West, we conceptualise the appraised amount you were condition was not accurate. in that location are two reasons why we turn over Desert Mirage write up should not have relied on the in come story and gloss provided by Ms. Ramirezs restrainer. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculate gross avail by victorious revenue disconfirming cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow more often than not accepted accounting system principles (generally accepted accounting principles). A financial statement that follows GAAP must be accompanied by a write thought process letter. The letter can be in the form of 1) Compilation letterFinally, this letter must be sign(a) by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. at that placefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our sign observation of your case, we assumed National Banks assureation to remove its lien from your Lagoon Beach property caused you to lay off your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a careful analysis of your case, we mourning to inform you that you may not be able to prove damages stemming from National Banks failure to remove its lien from your property. redden though National Bank may have breached its duty to you, National Bank could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not de jure entitled to the Hotel California property or other legal remed ies. In essence, regardless of whether National Banks negligence can be proved, a trans proceeding between Ms. Ramirez and you king not have occurred if a rachis contract did not exist. We will finish up and explain this determination in the next section. Offer and word sense AnalysisFrom our analysis, joined with case law from our case library, we have found that in that location was no contractual formation between you and Ms. Ramirez. In arriving at this finding, we took into account the facts adjoin your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez.In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the motor lodge evaluated a plaintiffs march for damages resulting from an alleged breach of contract. This plaintiffs exploit for damages depended on whether at that place was an existing contract. The greet found that no reasonable construction of evidence admitted a bond contract between the parties and that the correspondence that was provided to the dally amounted to no issue more than an offer that was never accepted. In essence, at the conclusion of the plaintiffs case, the courts judge entered a appraisal decreeing that no contract was entered into, existing, or was ever executed.Similar to your case, in Cayetano v. Merritt, the sign reply to the offerors offer by the offeree did not piss an acceptance, contrary to what the offeree had thought. The offeree had include a supplying in his perceive acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer must be met necessitately, merely and unequivocally for its acceptance to result in the formation of a adhere contract. This conclusion supplements our discussing regarding third estates mirror ascertain rule below. (See Regarding reverberate Image Rule.) Additionally, the Court declared that the addition of any condition is tantamount to a rejection of the original offer and the making of a counteroffer. In essence, the Courts ending can be summarized by the pursuit where a person offers to do a definite thing and another(prenominal) introduces a new term into the acceptance, his answer is a mere musing of willingness to negotiate or is a counter proposal, and in uncomplete case is there a contract if it is a new proposal and it is not accepted it amounts to nothing.Regarding Greens Statute of Frauds A key element that is wanting in the proof of a contract is that your treaty with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the fellowship to be charged or by the partys agent. In your situation, Ms. Ramirez made her initial offer by word of mouth over the environ and you replied by a signed fax. T here was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would closely likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other superfluous concerns we haveRegarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the mirror motion-picture show rule. This rule states that in order for an offeree to aright accept an offer, the offeree must accept the exact offer that was establish by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirezs offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that the sale was to conclude undermentioned(a) a 45-day escrow. However, in your reply, you stated that you would like to close escrow within 60 days. A court of law would find that by changing the terms of Ms. Ramirezs offer, you fail to meet the mirror encounter rule, and therefore concluded Ms. Ramirezs initial offer and proposed a counteroffer.Documents you provided us flesh out your correspondence with Ms. Ramirez indicate no communication on her part in judge your counteroffer.Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal execute by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have chased legal action and you could be nonresistant for having breached your contract for your failure to deliver on your promise.You entered into the alleged contract with Ms. Ramirez on January 6, 2005. careless(predicate) of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to just financing in either time frame. Approximately 80 days after entering the alleg ed contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no unfinished legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a grooming contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSIONMs. Warren, we melancholy to inform you that success with your legal action is unlikely. There is a high pass off you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the header of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue.As our analysis has indicated, a court of law will most likely try the issue of whethe r there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how ofttimes you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Banks negligence.RECOMMENDATIONS Ms. Warren, as join Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles , LLP, that act further legal action regarding this issue, considering our evaluation of your case, will result only in surplus write down on your part including legal and lawyer fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating.With this in mind, there is another course of action I do recommend. Because you have already attempted to calve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the restrictive potency of your former bank. alone national banks within the state of Green are regulate by different agencies. If National Banks lien remains on your property, I recommend you pursue this tack together course of action* Contact the admit state of Green restrictive spot of your financial institution (National Bank) and file a complaint.Your banks regulatory commission can help you with your concerns and complaints. Th ere are many regulatory agencies in the state of Greens banking industry. For your convenience, the appropriate regulatory room of your former bank, and its details have been listed According to the national Financial Institutions Examinations Council (for extra information visit www.ffiec.gov), National Banks regulator is the theatrical role of the control of the Currency (for additional information entertain visit www.helpwithmybank.gov). You can visit and reach this regulatory potency online or by phone at (800) 613-6743. The Office of the control will assistant you in get answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with file a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a letter summarizing the results. Those who have sought our legal advice and even had similar experience s as you with National Bank as well have reported that preventative by a regulatory agency expedited the process and liens were lastly removed. We are self-assured that you have the tools to resolve this issue. 1 . The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. 2 . COMMERCIAL ESCROW political party AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532 1989 Tex. App. LEXIS 2263 3 . CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719 1 Cal. Rptr. 500 1959 Cal. App. LEXIS 1542Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you