business law question | Solution Aider

You are the judge in a small claims courtroom and hear the following testimony:
Sarah: She used to date Dan. Dan came from a background without a lot of money and used to ask Sarah to borrow money from time to time. Nothing was ever written, and Dan paid her back almost always when he got paid at his job and if he couldn’t, well, she loved him and felt bad for him. About a week before their breakup, Dan asked her for $2000 to get his car repaired. Sarah is suing to get the money back as Dan has not repaid her.
Dan: Sarah and he were “cool” about money. She knew he didn’t have a lot of it and was always offering to give him money. He didn’t always feel good about accepting her gift, and when he got paid, he would repay some of these gifts from time to time. Sarah always indicated that these were gifts were given freely and there was no obligation was created as Dan barely had money; if there was an obligation, he would have insisted on a writing because he knows that is how business is done. He lost his job shortly after the $2000 car repair, but when he gets money in the future, he does want to pay her back as he can because it was a lot of money. But as always, both of them understand that he is under no obligation to do so.
Write out the three elements in the prima facie case to establish a valid gift set forth in your slide on Methods of Acquiring and Transferring Personal Property)
Use the facts for Dan–what would he argue to establish that it was a gift based upon the prima facie case? Have you received money gifts in the past, or given money? When you have, has anyone returned that money to you or have you returned that money? How does that factor into your analysis, and how does Dan address this?
Using that same prima facie case, find the facts that support Sarah’s argument that the $2000 was not a gift but a loan? What terms are necessary to form a contract between parties–are they there? Is there a reason a loan cannot be based upon an oral agreement? What was the customary course of dealing between the parties, did they treat it as a loan or a gift?
How would you decide? Use facts out of the fact pattern and apply what we have learned–

Don't use plagiarized sources. Get Your Custom Essay on
business law question | Solution Aider
Get an essay WRITTEN FOR YOU, Plagiarism free, and by an EXPERT! Just from $10/Page
Order Essay
Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
The price is based on these factors:
Academic level
Number of pages
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.