Contracts and laws

Junior (College 3rd year) ・Business ・APA ・3 Sources

A contract is a binding agreement that is subject to legal enforcement. In order for a contract to be enforceable in the case of a breach, a number of conditions must be met. An offer, acceptance, consideration, and agreement from both sides are included (Jones, 2015).

In the hypothetical situation, if Jim and Laura made a purchase offer to the salesman, that would be one of the components of a contract. However, they simply tried the different options while they were at the automobile dealership in the hopes of determining which one they preferred. Leaving a deposit for the holding of the vehicle wasn't a clear indication that they had made up their mind.

The other aspect of a contract would have been during the same duration. Jim and Laura would get acceptance for their offer if they proposed one. It would be in line with the diverse aspects of entering into a contract which can either be verbal or when written. Nevertheless, no such occurrence took place.

The other crucial component of the elements of a contract is by agreement (Jones, 2015). In this case, it would have been at the point where the actual sale of the car would push through. Hence culminating in the formation of a deal that would bind the two parties together to enforce the terms and condition. The occasion isn’t present as only a deposit was left by the interested party. It was to provide room for a thorough analysis of all the factors involved in arriving at an outcome. The incident highlights the unavailability of mutual consent which contravenes the elements of a contract.

Another fundamental aspect of a contract is the consideration. The situation would be vivid if both parties came to a determination that would be of mutual benefit to them. Nevertheless, no such occasion was present to prove it thereby making the contract invalid. Also, the legality of abiding by the agreement was evident when Jim and Laura resolved to visit the car dealership. It's an intense portrayal of their ability to enforce the contract and all that appertained to it.

Decide whether there was a deal for purchase of the automobile

After an analysis of the case study, it’s evident that there was no presence of a contract for the acquisition of the vehicle. Jim and Laura's actions don't portray any substantive evidence of their intention to purchase the automobile. Giving of the deposit to the salesman was a strategy to enable them acquires adequate time to analyze the vehicle and other underlying factors that needed thorough consideration. Therefore, they had the mandate to request for a refund as no legal obligation bound them to any contract (Mann & Roberts, 2015).

The other issue was that the salesman made it clear that he would refund them their money. It's if no purchase was to take place. Thus, it would be wrong for him to turn his back on them. The incident clearly contravenes the legality of any contract as it was out of lack of mutual consent. Both parties hadn’t fully come to a clear ground on the situation. The other aspect is that virtually all the elements guiding enforcing of a contract are absent. It's with regards to an offer, acceptance among other. Nothing tangible is present to back the claims of a legal obligation (Mann & Roberts, 2015). The entire consideration makes the whole thought of a contract null and void and inapplicable to the circumstance at hand.

Fact supporting the absence of a contract

Numerous facts exist that apparently disregard the existence of a contract. One of them is that there was no verbal or written means to prove the legality. Jim, Laura and the sales man had no legal binding document that required obligation to any terms and conditions. It would have been one of the supporting evidence to highlight any breach. In addition, there wasn’t any verbal indication of willingness to enter into a contract. Therefore, the whole incidence is insignificant (Lieberman, Siedel & Mayer, 2016).

The other issue is on the misleading facts that the salesman presented to the clients. The mischief that took place can be questioned in determining the legitimacy of the deal or anticipated motive. A promise was made to refund their money if they were unwilling to purchase the vehicle. Later on, we see a situation where he deviates from his initial statement and begins an argument from another perspective. It clearly portrays contravening of the legality of entry into a contract. Both parties therefore had no any mutual agreement based on the initial interaction that required abiding (Lieberman, Siedel & Mayer, 2016).

No offer and acceptance went on during the dealings. Jim and Laura primarily went to the car dealership to weigh on their options and see whether they would settle on a suitable choice. The salesman went to an extent of allowing them have test-drives on the automobiles. Nonetheless, no negotiations took place that required any party to uphold. Basing the argument on that, the validity of the contract can be challenged and rendered valueless.

In conclusion, for a contract to be rendered legitimate and lawful, all elements guiding its implementation need to be in place. Clarity and transparency should also be noticeable to relate to all the required terms and condition. It would lead to determining of one’s capability to enforce it and all the requirements.


Jones, L. (2015). Introduction to business law. Oxford University Press, USA.

Lieberman, J., Siedel, G., Warner, D., & Mayer, D. (2016). Business law and the legal environment.

Mann, R. A., & Roberts, B. S. (2015). Business law and the regulation of business. Nelson Education.

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