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Pages:
3 pages/β‰ˆ825 words
Sources:
2 Sources
Style:
APA
Subject:
Business & Marketing
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 12.96
Topic:

The Different Elements of a Legal Contract in Acquiring or Buying a Car

Essay 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 three to five (3-5) 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:
Define the elements of a legal contract using examples from the scenario where applicable.
Decide whether or not there was a contract for the purchase of the automobile.
Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as quality academic resources.
Format your assignment according to the following formatting requirements:
This course requires use of new Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
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 SWS format. The reference page is not included in the required page length.

Essay Sample Content Preview:

Case Study
Author Name
Institution Affiliation
Introduction
From this case study, it is evident that Jim and Laura (the buyers) did not sign a formal/legal contract with the seller (Stan Salesman). However, they were considering buying the car and were checking all the possibilities to avoid paying a fixed $400.00 per month in car payments. Despite the fact that the salesman confirmed that $100.00 is refundable, they neither signed any official document nor can they demand a refund based on verbal communication. In this paper, we will outline the different elements of a contract in order to let Laura and Jim know that no legal documents were signed with Stan Salesman and therefore they cannot take any legal action against the seller.
Define the elements of a legal contract using examples from the scenario where applicable.
One of the core elements of a legal contract is an offer. Neither the salesman made an official offer to the buyers nor did they demand him to do so. An offer refers to the willingness to begin a bargain between the seller and the buyer (Webb et al., 2017). In case of Laura and Jim, this offer could define their acceptance that they would pay the said monthly price to the seller, without any delay, and would visit him on the decided day in order to purchase the vehicle and to finalize the deal. A second element is a contract, which means the buyers were supposed to sign a legal document along with the seller before taking any further step. Once a buyer agrees to the provisions of a contract, none of its parts can be changed (Webb et al., 2017). Unfortunately, Jim and Laura did not pay any attention to this fact that their $100.00 could be refunded by Stan Salesman if they had made a legal deal, but they did not do so, and the seller began arguing that the $100.00 was a partial deposit for the car and was not going to be refunded at any cost.
Decide whether or not there was a contract for the purchase of the automobile.
According to my opinion, there was no contract for the acquisition of the car. On one hand, Jim and Laura were hesitating to deal with Stan Salesman as they did not want to pay a fixed monthly price to the seller, and on the other hand, they agreed to pay him $100.00 at the beginning which, according to the salesman, was ...
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