13 May Kadie, age 22, wants to sell her car. She advertises it in her town’s local marketplace listing, with “AS-IS” prominently included on the listing.
Write an essay answer to the following question. You must include source reference citations in-text and a reference list of complete citations, in support of your essay. Failure to include references will result in loss of points.
FACTS:
Kadie, age 22, wants to sell her car. She advertises it in her town’s local marketplace listing, with “AS-IS” prominently included on the listing. Margo, age 30, sees the listing, likes the car, and makes an appointment with Kadie to look at it. Kadie also has a sign stating “For Sale -AS IS” on the windshield of the car.
At their meeting Margo looks over the car, and offers Kadie $5000.00. Kadie accepts. Margo hands over $5000.00 cash. Kadie’s next door neighbor is a notary and comes over to notarize Kadie’s signature signing the title over to Margo.
Margo has her mother drive her back an hour later, with temporary tags, so that she can pick up the car. It won’t start. “You didn’t tell me it won’t start!” she yells at Kadie.
Kadie: “I didn’t know it wouldn’t start! Besides the sale is as-is. Get somebody to tow it or help you start it, but get it out of here. It’s not my car now! You bought it. You have the title. Your car.”
Margo wants her money back. Kadie won’t budge. She tells Margo she’ll have the city tow it if she doesn’t take it.
QUESTION: Write a short essay answering the following:
1. Identify the elements of a contract and explain how they are satisfied or not satisfied on these facts by matching the facts to each element.
2. Explain if Margo has any grounds (or not) to get her money back.
DO NOT ADD FACTS, OR ASSUME FACTS, NOT IN THE QUESTION’S SCENARIO.
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