The Masons’ New Car
You are the Magistrate Judge in Macon County Georgia and have to decide this case. The Masons make the following claims in the complaint: There never was a contract in this case since the contract documents were not completed at the time they were signed. Since they did not contain the essential elements of a contract, no contract was formed. Since there was no contract, sale of the van was the tort of conversion and they are entitled to the value of the van which the defendant’s own statements value at $2,800. The defendant answered the complaint and moved to dismiss and to compel arbitration. The answer made the following statements: There was a contract because the actions of the parties indicated intent to make a contract. The Masons signed an arbitration agreement, and under the law are required to bring their claims before an arbitrator and not the courts. The Masons have been unjustly enriched by the use of the new Chrysler and must pay the reasonable value of that use. The Masons committed fraud by signing a false Odometer Disclosure Form. Because of their fraud, the Masons are estopped from recovering anything on the value of the van. Write a three to four (3-4) page court opinion in which you rule on this case. In preparing this opinion, you must: Decide whether this court should hear this case or dismiss the case and direct the parties to binding arbitration in accordance with the Retail Buyer’s Order. Support your response. Note: Please read the facts of the case very carefully as you attempt to resolve this issue.
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