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Law
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Elements of a Contract: Did Jim and Laura Buy a Car?

Essay Instructions:

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SUBMIT TOUCHSTONE
Touchstones are projects that illustrate your comprehension of the course material, help you refine skills, and demonstrate the application of knowledge. You can work on a Touchstone anytime, but you can't submit it until you have completed the unit’s Milestone. Once you've submitted a Touchstone, it will be graded and counted toward your final course score.
Touchstone: 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: 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:
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.
In order to foster learning and growth, all essays you submit must be newly written specifically for this course. Any recycled work will be sent back with a 0, and you will be given one attempt to redo the touchstone.
A. 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?C. Requirements
The following requirements must be met for your submission to be graded:
Composition must be 3-5 pages (approximately 750-1250 words).
Double-space the composition and use one-inch margins.
Use a readable 12-point font.
All writing must be appropriate for an academic context.
Composition must be original and written for this assignment.
Plagiarism of any kind is strictly prohibited.
Submission must include your name, the name of the course, the date, and the title of your composition.
Include all of the assignment components in a single file.
Acceptable file formats include .doc and .docx.
D. Additional Resources
The following resources will be helpful to you as you work on this assignment:
Purdue Online Writing Lab's APA Formatting and Style Guide
This site includes a comprehensive overview of APA style, as well as individual pages with guidelines for specific citation types.
Frequently Asked Questions About APA Style
This page on the official APA website addresses common questions related to APA formatting. The "References," "Punctuation," and "Grammar and Writing Style" sections will be the most useful to your work in this course.
APA Style: Quick Answers—References
This page on the official APA Style website provides numerous examples of reference list formatting for various source types.

Essay Sample Content Preview:

Elements of a contract: Did Jim and Laura buy a car?
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Elements of a contract: Did Jim and Laura buy a car? Six key elements govern the existence of a legally binding contract; mutual assent in offer & acceptance, consideration, and capacity (MacMillan & Stone, 2012). If any one of these elements does not exist, then a contract is considered void or voidable. Using the IRAC method of analysis, I shall take each issue and consider it individually. I shall then apply each element to the facts provided and finally conclude whether there was a valid contract between Jim & Laura and Stan. I will also consider that there was no written contract and show why Jim and Laura did not purchase the car. Was there an offer and acceptance? Macmillan and Stone note that an offer is the first stage of forming a contract (MacMillan & Stone, 2012). An offer is the willingness of one party to enter into a legally binding agreement with another. The Restatement states that an offer requires 'a manifestation of willingness to enter into a bargain' (The Restatement (Second) of Contract, n.d.). The Ohio Circuit Court in (Extreme Mach. & Fabricating Inc. V Avery Dennison Corp, 2016) stated that an offer is constituted when the other party believes that his/her consent is invited and that his/her assent will conclude the offer. The agreement as brought about by the court is acceptance. Acceptance of the offer must be communicated to the offeror (St. Romain v Midas Exploration Inc., 1983). Acceptance may be express through oral or written communication or implied from conduct, such as performing what is requested in the offer. With Jim and Laura, the display of cars in the dealership for them to pick one they would like constitutes an invitation to treat or an invitation to make an offer. For example, displaying goods in a supermarket or a drug store is an invitation for interested buyers to make an offer (MacMillan & Stone, 2012, p. 16; Pharmaceutical Society of GB v Boots Cash Chemists (Southern) Ltd, 1953). Jim and Laura made an offer on the blue 4-door sedan, and Stan Salesman accepted the offer. Did the parties have capacity? A contract can only be enforceable if the parties have contractual capacity, meaning they have legal rights and enforce these legal rights. (Deakin, 2006). The general rule is that minors and people of unsound minds are considered to lack the capacity to contract. A lack of ability to contract renders contracts voidable, meaning they can still be enforced to protect the parties' interests (Frances M. Sparrow vs David D. Demonico & a...
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