Sign In
Not register? Register Now!
Pages:
3 pages/β‰ˆ825 words
Sources:
2 Sources
Style:
APA
Subject:
Literature & Language
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 10.8
Topic:

Jim and Laura Buyer visit the local car dealership because they are interested in buying a new 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: 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.

Essay Sample Content Preview:

Legal
Name
Institution of affiliation
Date
Legal
Introduction
In order to define the elements of a legal contract, it is essential to appreciate what a contract is. A contract, therefore, refers to any agreement between two or more parties. A simple agreement does not however, imply that a contract exists. Thus, a contract must have legal backing for it to be recognized under the law of any jurisdiction. The contract should, therefore, be in line with the legal conditions laid out under the law. Contracts can be created on literally anything imaginable. Laws have however been legislated that make contracts on for example human trafficking illegal CITATION Gre09 \l 1033 (Klass, 2009).
The formation of a contract is a complex process. Where a number of elements must be achieved, for the agreement to be recognized as a contract. The elements of a contract are; offer, acceptance, intent to be bound by the contract, capacity, and consideration. The offer refers to where one party offers to the other terms under which they are willing to be enjoined in the agreement. The other party can then choose to accept or reject this initial offer. The offer is the commencement of the contact formation process. Where the second party accepts the terms without changing them, then acceptance occurs. The contract, therefore, comes into force. However, in some instances, the second party may not be in agreement with the terms offered in the initial offer. Thus, the party may choose to vary these terms and submit them to the first party. This is referred to as a counter-offer and serves in contract law, as the offer CITATION Sha15 \l 1033 (Bayern, 2015).
The parties seeking to be enjoined in the contract must be able, under the law to create contracts. This is referred to as capacity. Thus, any arty attempting to enter into a contract should have legal capacity and competence to enter into any such agreement. Thus, children, mentally challenged individuals, errant employees and drunk individuals are considered to lack the capacity to enter into contracts. The intention to be legally bound means that each of the contracting parties recognizes an...
Updated on
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:

πŸ‘€ Other Visitors are Viewing These APA Essay Samples:

HIRE A WRITER FROM $11.95 / PAGE
ORDER WITH 15% DISCOUNT!