Did Jim and Laura Buy a Car Essay

The offeree is the only party with legal power to accept an offer, thus forming a contract. In addition, for the contract to be considered accepted, the offeree must accept all the terms of the offer unequivocally. This is called “the mirror image rule”. For example, if the offeree stated “I will purchase your home, but I wish the drive way was repaved”. The offeree accepted the terms, making this an accepted contract. An example of non-acceptance is if the offeree stated “I will purchase your home, if you pave the driveway”, This would be a

An agreement cannot bind unless both parties to the agreement know what they are doing and freely choose to do it. This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.

A contract is an agreement that creates an obligation that is enforceable by the law. The law has clear guidelines that before there exists a contract that will be binding, there has to be an offer, acceptance, mutual obligation and all parties should be of sound mind and by law be of legal age. A contract can either be written or spoken. Assuming that the buyers were at the required age went to the car dealership looking to purchase a new car.

Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25)

Most contracts are valid despite the fact that they may be only oral. Dan was knowledgeable that Pat wanted to buy a home, which she was not financially qualified to purchase. Consequently, he offered to purchase the home and sell it to her, when she had the capital to do so. The statement of Don to Pat, “When you come up with the money, I will sell the home to you for $250,000, plus a fair commission to be determined”, and Pat’s search and identification of a suitable home, and Dan’s purchase supports each intent to be bound.

In order to have a valid contract, Marsha should make an offer to buy the car and Jim has to accept it given the fact that all terms of sale has been agreed on.

The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.

Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.

In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence

Contract is defined as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. For purposes of this chapter, we are concerned with agreements to buy and sell some type of agricultural product. Contracts 101 You should be concerned about contract law because it determines how parties to the contract will need to keep the promises they make. Although very few contracts ever end up in court, if the parties to a contract disagree on something and are unable to resolve the disagreement, they may have to resort to the judicial process. This means that as the parties negotiate a contract, they need to consider how a judge might ultimately interpret it. For a contract to be enforceable, it must involve:

A contract signed by two parties is also a valid proof that a specific transaction has to take place as per the conditions laid down in it. If the other party involved in the deal tries to cheat you, you can always rely on the contract to take the party to court and get justice. Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Ansley Law Firm, nor is it intended to be a substitute for legal counsel on any subject

Have you ever been involved in a real estate transaction in which you were not certain whether the parties had a binding contract? Perhaps the buyer and seller had reached an oral agreement when another buyer made an offer on the property. Maybe one of the parties got "cold feet" and wanted to back out of the deal even after signing the contract.

Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:

Given the financial magnitude of this particular negotiation, all parts of this negotiation and interaction with one another required a great deal of listening and efficiently speaking. The car salesman had to, and did, listen to what I was looking for as far as a vehicle to purchase and he was able

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)