Ch 16 Writing Rq Flashcards
the statute of frauds
states statute that stipulates what types of contracts must be in writing
oral contract that need to be written are voidable
origin of the statute of frauds
early common law, parties of contract not allowed to testify, act for the prevention of frauds and purjuries, had to be in writing and signed by party against whom enforcement - sought
contracts the rq a writing (4)
contract inv interests in land (land, mortgages, leases)
contract for the sale of goods
promises made in consideration of marriage (incl prenup), X cover mutual promises to marry
collateral promises
contracts involving interests in land
rq to be in writing
agreement incl option to purchase real property must be in writing
contract must describe the property with sufficient certainty for it to be IDed, more than address
One-Year Rule under Statute of Frauds
Begins the day after the contract is made. If it is objectively possibly for party to complete task within a year, the contract doesnt fall under Statute of Frauds.
collateral promises, exception
rq to be in writing
3rd party’s promise to assume debts of primary party if they dont perform
primary obligations sometimes X need, main purpose rule
Primary v secondary obligation
- promise to pay another * debt that - X conditioned on *’s failture to pay, soemtimes X need writing
- promise to pay anothers debt if party fails to pay; needs to be in writing
(statute of frauds) main purpose rule
type of collatoral promise, doesnt need to be in writing if main purpose incurring secondary obligation is to secure a benefit for them
prenuptial agreements
agreement made before marriage that define each partners property
(Statute of Frauds) Rq for contracts for sale of goods (3)
- $500 or more
- need to state quantity term, not enforceable f any number greater than what is set forth in writing
- series of communications evidencing a contract will suffice, provided that the writing - signed by party when enforcement - sought
exceptions to the writing rq (4)
partial performance -> specific performance
admissions
promissory estoppel
special exceptions under the UCC
(writing requirement) specific performance def + 4 rq
equitable remedy that rq performance o contract accd to its precise terms
granted when contract partially perf, parties Cant return to state b4 contract, proof oral contract existed, jsutice better served by enforcing oral contract
(writing rq) admissions
when people against whom enforcement - sought admits under oath that contract for sale is made, only to quantity admitted
(writing rq) parol evidnence rule + exceptions (8)
if written contract rep the compelte and final statement of the parties agreement, court will X allow either party to present parol evidence
integrated contracts
1. contracts subsequently modified 2. voidable/void contract 3. contracts containing ambiguous terms 4. incomplete contracts 5. prior dealing, court of performance, / usage of trade 6. contracts subject to an orally agree-on condition precedent 7. contracts with an obvious or clerical error 8. customized goods
frewil, llc v price
laundry machine not part of tract, lease doesnt explicitly indicate what applicances are/ not in the unit, b/c lease is ambiguous, parol evidence was admissible
