Philip Wanted to Buy a New Car

question 61

Essay

Philip wanted to buy a new car.Philip did not know much about cars,but his 17-year-old daughter Andrea did because she had recently started driving and had drooled over new cars since she was 12 in anticipation of the day she would start driving.Andrea said she would go out and make the purchase on Philip's behalf if he would let her have the new car once a week.Philip agreed because he figured she'd probably manage to talk him out of any car at least once a week.Philip told Andrea,"I don't want anything fancy.Something like a Ford Pinto should be sufficient."
"Oh,Dad!" Andrea said,"They quit making Pintos in 1980.You know you don't want anything that small anyway.You even complained about the Taurus being too small."
Philip responded,"That's right,I guess.But,I don't need anything with all that power equipment and fancy stereos.Just get me a good,basic,comfortable car that isn't too small."
"I can do that," responded Andrea."I'll find you the best car for your wants and needs."
"It's a deal," said Philip.
Andrea shopped around and ended up at a Pontiac dealer.Throughout the entire experience,she kept thinking that her dad needed a more sporty image.She was tempted to get him a Trans Am but thought this might be too much.Because she knew he wouldn't be comfortable in a small car,she decided on a full-size Bonneville sedan.After explaining to the salesperson that this car would be for her father,the salesperson talked Andrea into the sport model,which had a more powerful engine,special wheels,and suspension.
Philip was initially upset with this choice,but after Andrea correctly explained that the sport model was only about $1,500 extra and Philip cooled off and started driving the car.Six weeks later he returned the car to the dealer,explaining that his daughter was supposed to buy a basic model and the sport suspension on this car rode too roughly.
1.Can the dealer hold Philip to the contract? Give all reasons why or why not.
2.Can the dealer hold Andrea to the contract? Give all reasons why or why not.

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Definitions:

Withdraw

The act of removing oneself from participation or consideration in a particular activity, agreement, or engagement.

Transferable Interest

A stake or share in a property or enterprise that can be legally transferred from one party to another.

Dissolution

The process of legally dissolving a corporation or partnership, effectively bringing its existence to an end.

RUPA

Refers to the Revised Uniform Partnership Act, which is a set of laws adopted by some U.S. states to govern the formation, operation, and dissolution of partnerships.