chapter 15 slide show Flashcards
Statute of frauds is not
Statute of frauds is not about frauds
The statute of frauds requires
that certain designated types of contracts
be evidenced by a writing
to be enforceable.
Contracts within the statute of frauds
Promises to answer for the duty of another
•Promises of an executor or administrator to answer personally for a duty of the defendant whose funds he is administering.
•Agreements upon consideration of marriage
.•Agreements for the transfer of an interest in land.
•Agreements not to be performed within one year.
Marriage provision applies
to promises in consideration of marriage
but not to mutual promises to marry.
provision applies only if
The provision applies only if a promise to marry is made in consideration for some promise other than a mutual promise to marry.
Land contract provision
Applies to promises to transfer any right, privilege, power, or immunity in real property.
One- year provision
Applies to contracts that cannot be performed within one year.
Possibility test
If it’s possible for the agreement to be performed within one year it is not within the statute of frauds.
Parol evidence rule Excludes?
•The rule excludes inconsistent prior and agreements written or formal
Parol evidence rule
statement of the complete and exclusive agreement or contract between them.