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Pages:
3 pages/≈825 words
Sources:
2 Sources
Style:
APA
Subject:
Business & Marketing
Type:
Coursework
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 15.55
Topic:

Did Jim and Laura Buy A Car Essay

Coursework Instructions:

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.
In 3 pages, advise Jim and Laura based on the above facts as presented, the material provided in the text, and material covered in the lecture. 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.
5.Format your assignment according to the following formatting requirements: 
◦Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
◦Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length.
◦Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.

Coursework Sample Content Preview:


Did Jim and Laura Buy A Car?
Name
Institution
Did Jim and Laura Buy A Car?
Introduction
The Jim and Laura (Buyer) is an important element in as far as contracts are concerned. Although the agreement with Stan (Salesman) can be said to have been a contract at some levels, it lacks in so many areas that it cannot be said to have been a contract. This paper outlines the various elements of a contract in order to establish that Jim and Laura Buyer had no legally binding contract with Stan Salesman and were therefore under no legal binding to pay for the car’s installments.
Elements of a Legal Contract
One of the elements that characterize a legal contract is an offer. An offer in this sense refers to the willingness to start a bargain so made as to validate another individual in comprehending that his acceptance to the bargain is welcome and will conclude it. In the case of Jim and Laura, this offer can be defined as their acceptance that they would be allowed to come back the following day after they think through whether they want to purchase the car (Fruehwald, 2009).
The other element of a contract that should be considered before a contract can be said to be binding is acceptance. This means that the buyer must be in full agreement of the terms being offered by the offeree. Once the buyer has agreed to the provisions of a contract, no part of it can be changed as this would be termed as a counteroffer and is therefore null and void. Another element of a contract is that it should be legal meaning that it must be made for something that does not go against the law. In the case of Jim and Laura, the agreement to purchase the car is legal as this does not go against the law (Fruehwald, 2009).
Another important element of a binding contract is the mutuality of obligation. This element means that both parties must be on the same page in as far as the terms of the agreement is concerned. This mutual agreement implies that the parties must have an agreement of the same thing, in the same manner, and at the same time. The determination of the meeting is supposed to be based on what the people agreed on and not on a party’s subjective state of mind. Both the offer and the mutual agreement must be clear (Koffman & MacDonald, 2007).
The other element of a contract is that it should be certain. This means that the terms set out...
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