Essay Available:
page:
8 pages/≈2200 words
Sources:
2
Style:
APA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 41.47
Topic:
Contracts
Research Paper Instructions:
Below is the scenario and what is needed to help answer the below questions labeled Part 1 thru Part 4- I can email the template if that is what you would like to use as well.
Contracts Scenario: Did Jim and Laura Buy a Car?
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: Advise Jim and Laura based on the above facts as presented and the material covered in the lessons by answering each section in the template below. In this touchstone, be sure to address the following:
Identify the elements that must be present for a legal contract to exist. Define each element using examples.
Determine the facts from the scenario that you will use to support your decision on whether or not a contract exists for the purchase of the automobile.
Decide whether or not there was a contract for the purchase of the automobile.
Include two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.
*******(This is the Template that was sent to use for the assignment)*********
Business Law
Touchstone 2: Did Jim and Laura Buy a Car?
Directions: Follow the directions for each part of the touchstone template. Include your response and all relevant elements under the Requirement section. Prompts in the Inspiration section are not required; however, they may help you to fully think through your response.
Remember to review the Touchstone page for response requirements, rubric components, and grading specifics.
PART 1: Contract Definition (450-500 word response)
Task:
Identify the elements that must be present for a legal contract to exist. Define each element using examples.
Requirements:
● Identify the elements of a legal contract.
● Define each element.
● Provide an example for each element.
● Include reference citations as appropriate.
Inspiration:
When writing your response, think about the understanding of contract law
● Have you defined the elements of a legal contract?
● Have you used examples from the scenario to illustrate these elements?
Identify and define elements of a legal contract below:
PART 2: Case Support (450-500 word response)
Task:
Determine the facts from the scenario that you will use to support your decision on whether or not Jim and Laura entered a contract with Stan Salesman for the purchase of the automobile.
Requirements:
● Identify relevant facts from the scenario.
● Write a clear explanation of how these facts will support your decision.
● Include reference citations as appropriate.
Inspiration:
When writing your response, think about how the facts in this case study could support a judgment made.
● Have you defined relevant facts from the scenario that would support a case?
● Have you discussed why these facts from the scenario relate to each element of a contract from Part 1?
Determine and discuss the facts from the scenario below:
PART 3: Case Judgment (450-500 word response)
Task
Based on the facts in Part 2, decide whether or not there was a contract for the purchase of the automobile.
Requirements
● Clearly state your decision on the existence of a contract for purchase of the automobile.
● Defend your decision with relevant facts from Part 2 about the scenario that support your choice.
Inspiration:
When writing your response, think about the judgements made on this case study
● Have you provided a clear judgment on whether Jim and Laura entered a contract to purchase the automobile with Stan Salesman?
● Did you use facts from the scenario to support the decision made on whether they entered into a contract?
Make a judgment on the case and defend your decision below:
PART 4: Sources & Conventions (450-500 word response)
Task
Include two academic references to support your judgment and review your document for standard English writing conventions.
Requirements
● Provide two high quality academic references.
● Explain how each source relates to and supports your judgment on the case.
● Review the touchstone for proper academic and/or professional writing conventions.
Inspiration:
When writing your response, think about your research surrounding this case study.
● Have you explained how each source relates and supports your judgment on the case?
● Have you reviewed your document to ensure that spelling, grammar, punctuation, and formatting are all appropriate for an academic or professional setting?
Include your academic sources and discuss how they relate to the case below:
Research Paper Sample Content Preview:
Contract case scenario
Student Name
Institutional Affiliation
Course Code
Instructor
Date
PART 1: Contract Definition
A legal contract is a legally binding document drawn between two or more parties. It specifies which of the parties is under obligation not to do or have to do something. For a legal contract to exist, several key elements must be present: offer, acceptance, consideration, capacity, and legality (Judicial Education Center, 2019; Contracts | the Maryland People’s Law Library, n.d.).
Offer: An offer is a definite, specific, and unconditional proposal to perform some specific action as long as the other party assents. It verifies the offered to accept all the terms in the agreement. In the given scenario, Stan Salesman's invitation to Jim and Laura to purchase the blue 4-door sedan can be considered an offer.
Acceptance: Acceptance is the unequivocal agreement to the terms of the offer. The acceptance must match the offer's terms exactly. In this case, Jim and Laura's agreement to give a $100 deposit to hold the car can be viewed as their acceptance of Stan Salesman's offer.
Consideration: In consideration, parties of ownership exchange their comparable value, such as money, goods, or services. This is the motive for entering into the deal. The $100 deposit that Jim and Laura gave to Stan Salesman can be considered the consideration in this scenario.
Capacity refers to the parties' legal ability to enter into a contract. Generally, adults are presumed to have the capacity to contract unless they are determined to be legally incompetent or incapacitated. Based on the information provided, there is no indication that Jim and Laura cannot enter into a contract.
Legality: For agreement to be legal, its drive and the actions it requires must be legal. Contracts that involve illegal activities or violate public policy are considered void. In the given scenario, there is no indication that the potential contract between Jim, Laura, and Stan Salesman would be illegal.
Applying these elements to the scenario, it appears that the essential components of a contract may have been present. Stan Salesman made an offer to sell the blue 4-door sedan to Jim and Laura, and they accepted this offer by providing a $100 deposit. The fact that $100 was paid as the given deposit is acceptable as the consideration required for the contract. Though, in our case, the deposit money raises some question. As regards the deposit, according to Stan Salesman, its return to the customers marked the end of the contract and meant that the customers had to buy the car; while for Jim and Laura, they were still not obliged in any way to buy the car, that is, a contract has not been made binding. This case demonstrates the importance of communicating precisely when establishing an agreement for both parties in a business relationship. The absence of a written agreement or receipt documenting the terms of the transaction can lead to disputes and misunderstandings between the parties involved. The elements of a legal contract appear to be present in the scenario, but the exact nature of the agreement between Jim, Laura, and Stan Salesman remains unclear.
PART 2: Case Support
In the case scenario, some facts support that Jim and Laura entered into a contract with Stan Salesman for the purchase of the automobile, for example:
1. Offer: Stan Salesman showed Jim and Laura several vehicles, and they test-drove the blue 4-door sedan, which they particularly liked. Thus, Stan Salesman made an offer to sell them the blue 4-door sedan.
2. Acceptance: Jim and Laura agreed to give Stan Salesman a $100 deposit to hold the car for a day. This can be interpreted as their acceptance of Stan Salesman's offer to purchase the vehicle.
3. Consideration: The $100 deposit provided by Jim and Laura can be considered the consideration for the contract, as it represents something of value exchanged between the parties.
4. Capacity: Jim and Laura are adults since they approach Stan for a contract to buy a car. No minor can attempt to enter into a contract without a guardian. Also, there is no indication of any incapability to enter into a contract.
5. Legality: no scenario suggesting that the potential contract between Jim, Laura, and Stan Salesman would be illegal or violate public policy.
However, several facts could support the argument that a valid contract was not formed:
1. Lack of wri...
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