Ch.13: Statute of Frauds

Question 1

Step 1: Is it within the SOF categories?

The statute of frauds governs agreements made involving the following categories: (MYLEGS)

Answer 1

• Marriage: promise of property in exchange for marriage
• Year: performance is more than a year
• Land: any interest in land or lease for more than a year
• Executor: promise by executor of estate to use personal money to pay estate debt
• Guaranty: A promise to pay the debt of another; if person making the guarantee is primary benefactor
• Sale of goods $500 or more – UCC Only

Question 2

Step 2: Is there sufficient writing?

Answer 2

Common law:

• Signed by party to be charged (D)
• All material terms
  1. Identify subject matter
  2. Identify parties
  3. Essential terms (time, price, performance)

UCC:

• Signed by party to be charged (D)
• Only need quantity term
  1. Does not have to be accurate; recovery is limited to the amount stated

Question 3

Multiple Documents Rule

Answer 3

can be pieced together

• At least one document needs to be signed
• Writing must refer to same transaction
• Combined have the essential terms
• Can use oral testimony to show connection

Signature: anything intended to authenticate a writing