Question
In 2013, Mary Jane went to the Utopian Acura Car dealership located in downtown Miami. She leased a 2013 Acura TL for a term of
In 2013, Mary Jane went to the Utopian Acura Car dealership located in
downtown Miami. She leased a 2013 Acura TL for a term of two years. The
lease stated that she was able to drive the car 10,000 miles per year,
anything in excess of 10,000 miles would be charged at 25 cents a mile. She
had a monthly car payment of $300 per month. Mary Jane was happy
because she had finally found a job at Hooters in downtown Miami, was
taking classes at MDC Wolfson Campus, and she could finally lease a brand
new Acura. She knew that the red Acura matched her red hair and blue
eyeshadow. She gave the sales man, Jimmy, a kiss on the cheek and said
thank you very much. She agreed to the offer and signed the sales lease.
Mary Jane took all of her friends on all of their errands, she drove to
Orlando and back at least 10 times in two years. She went to Key West on
the weekends, drove to St. Augustin, Tallahassee and even went to see her
family in N.J. She was ecstatic to show off her red Acura and her matching
red hair.
Fast forward the time clock, it's now 2015. She goes to the same Utopian
Acura dealership and meets with Ronald McDonald. She tells him that
she's ready to turn in her lease in order to get a brand new Black Acura so
that it can match her new haircolor, Black. Ronald is more than happy to
help her and he looks at the odometer. Mary Jane had driven 16,000 miles in
excess of the allotted yearly mileage allowance (10,000 miles per year).
Ronald tells Mary Jane that she has excess miles. She begins to cry and her
mascara and her blue eye shadow runs all over her face. Ronald tells her,
"Mary Jane, if you get into a new car lease with Utopian Acura Dealership
today, I will roll the price of the excess mileage into the new car lease and
waive those fees for you." Ronald proceeds to engage in a rolling motion
with his hands. Mary Jane is so elated that she jumps up and down in the
sales room and screams, "Yes, we have a deal". She signed the new car
lease agreement.
Mary Jane drives off into the sunset in her brand new Acura TL. But, she
doesn't live happily ever after. One month later, she receives a bill from
Utopian Acura Dealership for $4,000.00 the 16,000 excess miles x 25cents a
mile. She begins to cry. Once she calms down she calls Ronald McDonald
and tells him, "Didn't you say that you would waive the excess mileage fee if
I got a new car". Ronald says I never said that, look at your contract.
What type of contract is this? What are all of the elements of a contract? Can
Mary Jane avoid paying the additional $4,000.00? Is there any defense that
she can use? Is there any defense for Ronald? Please discuss any and all
contract theories of law that apply
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