Sam and Chris were friends and went to the bar together. Both of them had two g
Sam and Chris were friends and went to the bar together. Both of them had two glasses of wine (Merlot). Sam was small and weighed 170 lbs. while Chris was a bigger guy weighing in at 275lbs. Chris always wanted to buy Sam’s 2019 Harley Davidson motorcycle but Sam always told him that it wasn’t for sale. Chris had his concealed weapon on him at the bar and gestured toward the weapon. Chris stood up and told Sam to seriously reconsider whether his motorcycle was for sale while consistently showing the imprint of his weapon against his jeans. Sam thought Chris was armed with a gun and immediately told Chris that his motorcycle was now for sale. Chris demanded a sale price of only $3,000 and Sam sold the motorcycle.
The following day, Sam went to see his lawyer to discuss whether the sale of his motorcycle was valid. Specifically, he mentioned to his lawyer that he two glasses of wine and couldn’t remember all of the details of the event. In addition, he told his lawyer that he felt pressured by Chris to sell his motorcycle and wasn’t sure whether he was armed.
Assignment Instructions
Please discuss whether Sam could have lacked capacity or possibly been under duress in making the sale based on the aforementioned facts. Please be sure to discuss both legal terms of art in detail.
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