Martin Motors Case Study

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David Smith can win the lawsuit against Martin Motors Inc. This paper will go over different issues and factors that can be used to determine why David will be successful in the lawsuit against Martin Motors Inc. To begin, In order for a contract to be valid it must met the following elements of a contract: Mutual assent, consideration, legal purpose and capacity. Lets first define “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 to 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…show more content…
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 exchanged a legal benefit or incur a legal detriment as an inducement to the other party to make a return of exchange. For example in exchanged for the automobile that Martin Motors agreed to donate to Greenacres Country Club, Martin Motors Inc business will be promoted during the golf tournament in Glenview IL. Both parties are getting things in exchanged. Now in regards to Mr. David Smith he registers for the tournament and pays the requisite entrance fee to enter to the tournament. David Smith in the event (which he did) shot what was required he will win the price, but regardless of the outcome in the game Greenacres Country Club is receiving David Smith’s money (requisite fee) in return for a possible prize. The contract also shows legal purpose, it complies with the law, it does not show intentions to have any illegal acts. Both parties show they have the capacity, a minor can enter to a contract and also Martin Motors Inc. a…show more content…
In this particular case according to all the factors it's to say that this case falls under the category of Executory, because it's still unperformed by one party, David Smith shot the hole-in-one to win the prize, however Martin Motors have not completed their part to give Mr. Smith the automobile that was donated as a price resulting the
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