SCENARIO: 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:
Touchstone 2 Template
In order to foster learning and growth, all essays you submit must be newly written specifically for this course. Any recycled work will be sent back with a 0, and you will be given one attempt to redo the touchstone.
A. Directions
Step 1: Answer Questions
Follow the directions for each part of the Touchstone 2 Template. Include your response and all relevant elements under the Requirement section. Prompts in the Inspiration section are not required; however, they may help you to fully think through your response.
Part 1: Contract DefinitionIdentify the elements that must be present for a legal contract to exist. Define each element using examples.Part 2: Case SupportDetermine the facts from the scenario that you will use to support your decision on whether or not Jim and Laura entered a contract with Stan Salesman for the purchase of the automobile.Part 3: Case JudgmentBased on the facts in Part 2, decide whether or not there was a contract for the purchase of the automobile.Part 4: Sources & ConventionsInclude two academic references to support your judgment and review your document for standard English writing conventions.
Step 2: Review Rubric
Review the rubric to ensure that you understand how you will be evaluated. Contact a Sophia learning coach with any questions.
Step 3: Review Checklist and Requirements
Review the checklist and requirements to ensure that your Touchstone is complete.
Step 4: Submit
Submit your completed Touchstone 2 Template using the blue button at the top of this page.
Refer to the checklist below throughout the writing process. Do not submit your Touchstone until it meets these guidelines.
1. Contract Definition? Have you identified the elements of a legal contract?? Have you defined each element?? Have you provided an example for each element?? Have you included reference citations as appropriate?2. Case Support? Have you identified relevant facts from the scenario? ? Have you written a clear explanation of how these facts support your decision?? Have you included reference citations as appropriate? 3. Case Judgment ? Have you clearly stated your decision on the existence of a contract for purchase of the automobile?? Have you defended your decision with relevant facts from Part 2 about the scenario that support your choice? 4. Sources & Conventions? Have you provided two high quality academic references?? Have you explained how each source relates to and supports your judgment on the case?? Have you reviewed the touchstone for proper academic and/or professional writing conventions? Business Law
Touchstone 2: Did Jim and Laura Buy a Car?
Directions: Follow the directions for each part of the touchstone template. Include your
response and all relevant elements under the Requirement section. Prompts in the Inspiration
section are not required; however, they may help you to fully think through your response.
Remember to review the Touchstone page for response requirements, rubric components, and
grading specifics.
Name:
Date:
PART 1: Contract Definition
Task:
Identify the elements that must be present for a legal contract to exist. Define each element using
examples.
Requirements:
● Identify the elements of a legal contract.
● Define each element.
● Provide an example for each element.
● Include reference citations as appropriate.
Inspiration:
When writing your response, think about the understanding of contract law
● Have you defined the elements of a legal contract?
● Have you used examples from the scenario to illustrate these elements?
Identify and define elements of a legal contract below:
Business Law Template
1
PART 2: Case Support
Task:
Determine the facts from the scenario that you will use to support your decision on whether or not
Jim and Laura entered a contract with Stan Salesman for the purchase of the automobile.
Requirements:
● Identify relevant facts from the scenario.
● Write a clear explanation of how these facts will support your decision.
● Include reference citations as appropriate.
Inspiration:
When writing your response, think about how the facts in this case study could support a judgment
made.
● Have you defined relevant facts from the scenario that would support a case?
● Have you discussed why these facts from the scenario relate to each element of a contract
from Part 1?
Determine and discuss the facts from the scenario below:
Business Law Template
2
PART 3: Case Judgment
Task
Based on the facts in Part 2, decide whether or not there was a contract for the purchase of the
automobile.
Requirements
● Clearly state your decision on the existence of a contract for purchase of the automobile.
● Defend your decision with relevant facts from Part 2 about the scenario that support your
choice.
Inspiration:
When writing your response, think about the judgements made on this case study
● Have you provided a clear judgment on whether Jim and Laura entered a contract to
purchase the automobile with Stan Salesman?
● Did you use facts from the scenario to support the decision made on whether they entered
into a contract?
Make a judgment on the case and defend your decision below:
Business Law Template
3
PART 4: Sources & Conventions
Task
Include two academic references to support your judgment and review your document for standard
English writing conventions.
Requirements
● Provide two high quality academic references.
● Explain how each source relates to and supports your judgment on the case.
● Review the touchstone for proper academic and/or professional writing conventions.
Inspiration:
When writing your response, think about your research surrounding this case study.
● Have you explained how each source relates and supports your judgment on the case?
● Have you reviewed your document to ensure that spelling, grammar, punctuation, and
formatting are all appropriate for an academic or professional setting?
Include your academic sources and discuss how they relate to the case below:
Business Law Template
4