Find the opinion of the Oregon Court of Appeals in the 2008 case of Helen Sollars (aka Helen Kelly) and Estate of Helene Valoff v. City of Milwaukie, and answer the following questions about the case. Please number your answers and, for the sake of clarity, refer to the parties as “the Seller”, “the Buyer”, and “the City”; avoid using names or “plaintiff” or “defendant” to identify the parties.
This answer will take a couple of paragraphs.
3. What were the conflicting arguments of the buyer and the estate in the Sollars case about the language of the contract? (Please use legal terminology.) Again, a couple of well-thought out paragraphs should be sufficient
4. Do you feel that the language of the contract was unambiguous? If so, what do you think the clear meaning of the contract was? In other words, do you think the Court of Appeals or the trial court was right? (Remember that the Supreme Court hasn’t yet ruled on this, so we don’t yet have the Last Word on the matter and you can’t say that “the Oregon Court of Appeals was right because it had the last word.”) If you feel that the language was ambiguous, what are the potential meanings you see, and which one do you feel the court should have applied? Why? A couple of paragraphs should be okay.
5. Rewrite the “personal property” provision of the contract to make it clearer in regard to unknown property on the premises. (Note: Don’t tell me what your provision would be intended to do: write the provision!) Can you see any problems that might arise from including your language in all contracts for the sale and purchase of residential real estate?
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