Eugenia is spending the weekend looking for a vehicle to buy.She has spent months looking for one and it has left her impatient and frustrated.She comes across a vehicle her neighbor,Jim,is selling and without hesitating she orally offers and gives him a down payment of $900 for the car.Weeks go by and Jim has not heard back from Eugenia and he has even tried contacting her numerous times.It turns out that Eugenia has bought another vehicle from the Freedom Dealership and does not want to purchase Jim's car any more.Which of the following statements is true?
A) Eugenia is entitled to reimbursement because there is no written contract to enforce the purchase.
B) Eugenia is entitled to reimbursement because under the Statue of Frauds,some contracts are unenforceable unless they are sufficiently evidenced in writing.
C) Eugenia is not entitled to reimbursement.A down payment is refundable because it is not part of the purchase price.It is just an incentive for the buyer to perform.
D) Eugenia is not entitled to reimbursement.A down payment acts as part of the purchase price,but it also provides an incentive to perform.
E) Eugenia is entitled to reimbursement because she was obviously not serious.
Correct Answer:
Verified
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