Does a contract exist between Pebbles Flintstone and Mr. Slate? Discuss (in detail) whether each of the elements of a contract—mutual assent, consideration, capacity, and legality—exist in this case.
Pebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare collectible that he hoped was worth around $2500.00. Pebbles gladly accepted Mr. Slate's offer. Mr. Slate gave Pebbles five crisp $100 bills. Pebbles then gave Mr. Slate the guitar. The next day Pebbles deposited the money into her bank account. Unfortunately, Mr. Slate was incorrect. While the guitar was not a collectable, it was not a rare collectible. Mr. Slate sold the guitar for $800.00.
Does a contract exist between Pebbles Flintstone and Mr. Slate? Discuss (in detail) whether each of the elements of a contract—mutual assent, consideration, capacity, and legality—exist in this case.
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