Module 5 Assignment
Question: Sam and Chris were friends and went to the bar together. Both of them had two glasses of wine (Merlot). Sam was small and weighed 170 lbs. while Chris was a bigger guy weighing in at 275lbs. Chris always wanted to buy Sam’s 2019 Harley Davidson motorcycle but Sam always told him that it wasn’t for sale. Chris had his concealed weapon on him at the bar and gestured toward the weapon. Chris stood up and told Sam to seriously reconsider whether his motorcycle was for sale while consistently showing the imprint of his weapon against his jeans. Sam thought Chris was armed with a gun and immediately told Chris that his motorcycle was now for sale. Chris demanded a sale price of only $3,000 and Sam sold the motorcycle. The following day, Sam went to see his lawyer to discuss whether the sale of his motorcycle was valid. Specifically, he mentioned to his lawyer that he had two glasses of wine and couldn’t remember all of the details of the event. In addition, he told his lawyer that he felt pressured by Chris to sell his motorcycle and wasn’t sure whether he was armed. Assignment Instructions Please discuss whether Sam could have lacked capacity or possibly been under duress in making the sale based on the aforementioned facts. Please be sure to discuss both legal terms of art in detail. Requirements The length of your response is conditional on the question. Answer fully, but concisely. Your submissions should be submitted via the assignment dropbox in .doc or .docx format, using 12 pt type and double spacing. Late submissions will not be accepted. For this course, unless otherwise noted by the instructor, submitting work late will be permitted only under qualifying circumstances and only with prior notification and supporting documentation (original funeral notice, original doctor’s note, etc.). Computer and Internet connectivity problems are not valid reasons for late work. It is the student's responsibility to be technologically prepared to take a blended course.
Sam and Chris are friends, and they went to the bar to have some drinks and took two glasses of wine each. Following the drinks, Chris, who is bigger (275 lbs) than Sam (170 lbs), kept on offering to purchase the 2019 Harley-Davidson motorcycle of Sam, who refused. At the bar, Chris had a hidden weapon, and while pointing to it, he ordered Sam to rethink his decision regarding selling the motorcycle as he showed the imprint in his jeans. Emboldened and pressurized, Sam sold the motorcycle the following day for $3,000. The issue is whether Sam would be able to dispute the contract on the basis of capacity or duress.
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