Summary: Did Jim And Laura Buy A Car?
Did Jim and Laura Buy a Car?
Victor Louis-Jean
Dr. Fleming
LEG100
2/10/2018
The main dispute here is if the $100 deposit was a valid contract to buy the car as the salesman is stating. Prior to this the timeline went as following, Jim and Laura met Stan the salesman who shows off an array of options based on the preferences Jim and Laura presented. Stan allows Jim and Laura to test drive these cars to get a feel for the experience behind the wheel. Jim and Laura then decide on the blue 4-door sedan as their favorite, and this is the car listed in the contract by Stan. At this point the selection here was an equivalent of bookmarking or favoriting something on a web browser for example. Also we see no signs of a contract being …show more content…
The agreement took place here between the salesman and the buyer was simple and seemed pretty straightforward. The contract Stan speaks of simply doesn’t exist which means Jimi and Laura should not be help to this bogus contract. It should also be highlighted that there are no paper records of this agreement or any other valid representations of contract besides verbally. According to the West’s Encyclopedia of American Law, a contract is an Agreement between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. This definition still leaves a bit of ambiguity, so to validate if those prior acts of conversation and interest were all part of a verbal contract the many elements of a contract that is used to validate it. There are six categories used to define the existence and validity of a contract. All six of these categories must be present in a contract for it to be valid. If even 1 category is messing then the contract is not legally binding. It is also good to be aware that the laws differ slightly from state to state. The six categories are Offer, Consideration, Acceptance, …show more content…
Consideration comes in many forms like a large spending of money or effort, some service to be performed based on a promise, an agreement not to do something, or reliance on the promise. Basically consideration is what lures the buyer into agreeing to the contract. Consideration in part helps distinguishes a contract from a gift. A gift is defined as a voluntary and gratuitous transfer of property from one person to another, without something of value promised in return. Failure to follow through on a promise to make a gift is not enforceable as a breach of contract because there is no consideration for the promise. This further strengthens the case that the exchange of money was to hold the car from being purchased by another buyer, which is what is clearly stated not to buy the
Victor Louis-Jean
Dr. Fleming
LEG100
2/10/2018
The main dispute here is if the $100 deposit was a valid contract to buy the car as the salesman is stating. Prior to this the timeline went as following, Jim and Laura met Stan the salesman who shows off an array of options based on the preferences Jim and Laura presented. Stan allows Jim and Laura to test drive these cars to get a feel for the experience behind the wheel. Jim and Laura then decide on the blue 4-door sedan as their favorite, and this is the car listed in the contract by Stan. At this point the selection here was an equivalent of bookmarking or favoriting something on a web browser for example. Also we see no signs of a contract being …show more content…
The agreement took place here between the salesman and the buyer was simple and seemed pretty straightforward. The contract Stan speaks of simply doesn’t exist which means Jimi and Laura should not be help to this bogus contract. It should also be highlighted that there are no paper records of this agreement or any other valid representations of contract besides verbally. According to the West’s Encyclopedia of American Law, a contract is an Agreement between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. This definition still leaves a bit of ambiguity, so to validate if those prior acts of conversation and interest were all part of a verbal contract the many elements of a contract that is used to validate it. There are six categories used to define the existence and validity of a contract. All six of these categories must be present in a contract for it to be valid. If even 1 category is messing then the contract is not legally binding. It is also good to be aware that the laws differ slightly from state to state. The six categories are Offer, Consideration, Acceptance, …show more content…
Consideration comes in many forms like a large spending of money or effort, some service to be performed based on a promise, an agreement not to do something, or reliance on the promise. Basically consideration is what lures the buyer into agreeing to the contract. Consideration in part helps distinguishes a contract from a gift. A gift is defined as a voluntary and gratuitous transfer of property from one person to another, without something of value promised in return. Failure to follow through on a promise to make a gift is not enforceable as a breach of contract because there is no consideration for the promise. This further strengthens the case that the exchange of money was to hold the car from being purchased by another buyer, which is what is clearly stated not to buy the