David Smith V. Martin Motors Inc. Who Will Win?

1680 Words Oct 31st, 2016 7 Pages
David Smith v. Martin Motors Inc. who will win?
The plaintiff (David Smith) can win the lawsuit against the defendant, Martin Motors Inc. This paper will go over different issues and factors that can be used to determine why the David Smith will be successful in the lawsuit against Martin Motors Inc. To begin, In order for a contract to be valid, it must meet the following elements of a contract: Mutual assent, consideration, legal purpose and capacity. First the definition “Mutual Accent” according to Smith and Roberson’s business law 16th edition (pg 174) “The parties to a contract must manifest by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance.” In this event, Martin Motors Inc. accepted the proposal to donate an automobile as the prize.The proposal was accepted and the conditions establish to win the automobile were agreed upon that any golfer who shot a hole-in-one will win a 2016 Seabring convertible. Martin Motors Inc did not establish any other conditions or guidelines that can prevent any candidate from requesting and receiving the automobile promised after he shot the hole-in-one. Also, the second element that was followed was “consideration” according to Smith and Roberson’s business law 16th edition consideration is when both parties in the contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return or…

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