ch 16: Writing Requirement Flashcards
statute of frauds
prevents harm against innocent parties by requiring written evidence of agreements
Contracts that must be in writing under the statute of frauds
Marriage contracts, A contract that can’t be performed within a year, contracts which involve interests in land, executor’s contracts, contracts for the sale of goods worth over $500, surety (guarantor) contracts
Contracts that involve interests in land exception
if people can prove perpetual payments
Contract for sale of goods worth over $500 exception
specially manufactured goods
ex- sorority mugs
An act for the prevention of frauds and perjuries
Passed in 1677 England helping the lower classes of people because status heavily influenced jury decisions
surety contracts
guarantor stands for he debt of a 3rd party (leases)
collateral promise
promise to answer debt for another (surety and executor) have to be in writing
sufficiency of writing
any writing where judge can determine what the contract was
Has to have the signature of party being asked to perform
parole evidence rule
oral representations made prior to contracts formation may not be admitted in court
exception are voidable contracts like contracts accepted under duress