Practical guide legal writing legal method

Exercise 4-B

1.Is Elson entitled to have the money refunded? Justify your decision.

3. Could you have used the cases to support a decision contrary to the one you reached in response to question 1? Explain.

No, with the current era and current situation of the case and looking into the reasoning of Deal V. Novak(1994) case i wouldn't have decided contrary to my response to question 1. Further, as per Pearle, J's., concurring opinion in the case of Deal V. Novak(1994), "A buyer who enters into a land contract must make a clear showing of inequity in order to avoid forfeiture of his payments. Otherwise, the court’s opinion can be read as a wholesale repudiation of the land contract as an accepted instrument of commerce."

2. John C. Dernbach et al., A Practical Guide to Legal Writing & Legal Method (6th ed. 2017)