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3 pages/≈825 words
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APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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Topic:
Elements of a legal contract
Essay Instructions:
SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments.
Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed.
The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan Salesman that they have decided not to buy the car and request their $100.00 deposit back.
Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman.
Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class.
ASSIGNMENT: In three to five (3-5) pages, advise Jim and Laura based on the above facts as presented and the material covered in the lessons. In your paper, be sure to address the following:
1. Define the elements of a legal contract using examples from the scenario where applicable.
2. Decide whether or not there was a contract for the purchase of the automobile.
3. Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
4. Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.
Assignment Guidelines
DIRECTIONS: Refer to the list below throughout the writing process. Do not submit your Touchstone until it meets these guidelines.
1. Understanding of Contract Law
❒ Have you defined the elements of a legal contract?
❒ Have you used examples from the scenario to illustrate these elements?
2. Case Judgment and Support
❒ Have you provided a judgment on the existence of a contract in this scenario?
❒ Have you used specific examples from the scenario to defend your position?
3. Research
❒ Have you referenced at least two academic sources in your essay?
❒ Have you explained how each source relates to and supports your judgment on the case?
Essay Sample Content Preview:
Elements of a Legal Contract
Student’s Name
Institution
Course
Instructor
Date
Elements of a Legal Contract
Elements of a Legal Contract Based on the Case Scenario
The case scenario presented shares some aspects of a legal or valid contract that would apply to Jim and Laura. The first element is the offer. In business law, an offer refers to a promise that the offeror makes to the offeree (Beale et al., 2019). The offer sets out agreed terms and conditions of the contract. From our case scenario, Stan showed Jim and Laura available cars that were on sale. In this case, the offer was centered on the blue-4-door sedan that Jim and Laura expressed interest in buying.
The other element is acceptance. Acceptance is when the offeree accepts the terms and conditions suggested by the offeror. Acceptance must be clear and should respond to terms set out in the offer (Stone & Devenney, 2019). From the case scenario, there was no valid acceptance. This is because Jim and Laura did not unambiguously accept Stan's offer to buy the car, nor did they sign any documents to affirm commitment to make the purchase.
Another element of a contract is consideration. Consideration refers to something of value exchanged between the offeror and the offeree (Knapp et al., 2023). From the case scenario, Salesman’s consideration would be his willingness to reserve the car whose deposit had already been made. On the other hand, Jim and Laura’s consideration would be their $100 deposit made to Stan.
The other element is capacity. Capacity is the awareness that both the offeror and the offeree have on contract terms. Capacity implies that all parties have a legal capacity to enter into a contract and bear the consequences of entering into it (Stone & Devenney, 2019). In our case study, both Jim and Laura are presumed to be adults capable of making decisions. The presumption that both are rightly capable of making personal decisions suggests presence of capacity.
Legality is also a critical element of a va...
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