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
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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