Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
The perfect number of Pages to Order |
5-10 Pages |
Description/Paper Instruction
Analysis of Contract Formation
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.
ASSIGNMENT: Advise Jim and Laura based on the above facts as presented and the material covered in the lessons by answering each section in the template below. In this touchstone, be sure to address the following:
- Identify the elements that must be present for a legal contract to exist. Define each element using examples.
- Determine the facts from the scenario that you will use to support your decision on whether or not a contract exists for the purchase of the automobile.
- Decide whether or not there was a contract for the purchase of the automobile.
4.Include two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.
Analysis of Contract Formation
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: The student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly address the relevant content; failing to identify or inaccurately explain key concepts or ideas; ignoring or incorrectly explaining key points or claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not fully explaining the relevant content; identifying some of the key concepts or ideas, though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims or points, but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates a solid understanding of the relevant material by correctly addressing most of the relevant content, identifying and explaining most of the key concepts and ideas, using correct terminology, explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates an exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content, identifying and explaining all of the key concepts and ideas, using correct terminology, explaining the reasoning behind key points and claims, and substantiating, as necessary or useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of sources (worth a maximum of 20% of the total points) |
Zero points: The student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out of 20 points: Sources are seldom cited to support statements, and/or the format of the citations is not recognized as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable The student fails to provide an adequate synthesis of the research collected for the paper. |
10 out of 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. There are frequent errors in the APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors in the formation of the references and citations. And/or there is a significant use of highly questionable sources. |
15 out of 20 points: Credible scholarly sources are used effectively to support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in references and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to provide compelling evidence to support claims and are clearly and fairly represented. The APA 6th Edition format is used accurately and consistently. The student uses references above the maximum required in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: The student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas or points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or there are numerous grammatical, spelling, and punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering, and/or repetitive; poor organization; and/or some grammatical, spelling, and punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation; and logical organization; and the essay is error-free. |
Structure of the Paper (worth 10% of total points) |
Zero points: The student failed to submit the final paper. |
3 points out of 10: The student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: The appearance of the final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. The font size might not conform to size requirements. The student also significantly writes too much or too little paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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