Chapter 5. The Statute Of Frauds (110-150) Flashcards
In consideration of A’s marrying B, C orally promises A a settlement. In consideration of A’s marrying B, C orally promises A a settlement. Is C’s promise within the scope of the Statute of Frauds?
C’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 124(b)
A and B orally agree to marry three years later. Is this enforceable?
The contract is unenforceable because not to be performed within a year, even though it is excepted from the provision for contracts in consideration of marriage. Restatement 2d of Contracts § 110(b)
S, executor of D, promises C, a creditor of D at the time of D’s death, in consideration of C’s promise to forego part of the debt, to guarantee payment of the balance by the estate. Is this within the executor provision of the Statute of Frauds?
S’s promise is within the executor provision. Restatement 2d of Contracts § 111(a)
S, executor of D, contracts with C for funeral services, or for work and material necessary in closing D’s business, promising orally “I guarantee that D’s estate will pay you.” Is this within the executor provision of the Statute of Frauds?
S’s promise is not within the executor provision. Restatement 2d of Contracts § 111(a)
S, executor of D, promises C, a creditor of D at the time of D’s death, in consideration of C’s promise never to prove his claim against D’s estate, to pay the debt. Is this within the executor provision of the Statute of Frauds?
S’s promise is not within the executor provision. See § 115. Restatement 2d of Contracts § 111(b)
S and C enter into a contract in which S promises that if C will assent to S’s appointment as administrator of D’s estate, S will pay a debt owing by D’s estate to C. Is this within the administrator provision of the Statute of Frauds?
S’s promise is not within the administrator provision. See § 116. Restatement 2d of Contracts § 111(b)
D commits a tort against C. S promises C orally for consideration to pay C the damages which C has suffered from the tort if D fails to do so. Is this within the scope of the Statute of Frauds?
S’s promise is within the Statute of Frauds, since D is under a direct duty to C, and S’s promise is to perform D’s duty if D fails to do so. Restatement 2d of Contracts § 112(b)
S promises C orally to guarantee the performance of any duty that D may incur to C within the ensuing year. Relying on this promise, C enters into contracts with D, by which D undertakes within the year to sell materials for a house and to act as supervising architect during its construction. D, without excuse, fails to perform his contract. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 112(b)
D, an infant, obtains goods on credit from C, who is induced to part with them by S’s oral guaranty that D will pay the price as agreed. The goods are not necessaries but D is subject to a duty, though it is voidable. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 112(b)
D, an insane person under guardianship, obtains goods on credit from C, who is induced to part with them by S’s oral guaranty that D will keep his promise to pay the price. D’s promise is void. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 112(b)
S obtains goods from C on this oral promise: “Charge them to D, and, if he does not pay for them, I will.” S has no authority to charge the goods to D, and D makes no promise to pay for them. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the suretyship provision of the Statute of Frauds, since D is under no duty, and hence is not a principal obligor. Restatement 2d of Contracts § 112(c)
In consideration of the delivery of goods by C to D at S’s request, S orally promises to pay the price of them. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds, since D is under no duty. Restatement 2d of Contracts § 112(c)
S induces C to sell goods to D and take D’s note for the price by warranting orally or in an unsigned writing that D’s note is not voidable on account of infancy. Is S’s warranty within the scope of the Statute of Frauds?
S’s warranty is not within the Statute of Frauds, whether D’s promise is or is not voidable, since S does not bind himself for the performance which D has undertaken. S will become liable for such damages as C may suffer if D is an infant and whether D’s note is or is not voidable it will not be discharged by S’s performance. Restatement 2d of Contracts § 112(c)
D contracts with S to build a house for S. C contracts with D to furnish materials for the purpose. D in violation of his contract with C fails to pay C for some of the materials furnished, and C justifiably cancels his contract with D. S orally promises C that if C will continue to furnish D with materials that C had previously agreed to furnish, S will pay the price therefor. C does so. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds because D is not bound to pay C for the materials supplied in consideration of S’s promise. Restatement 2d of Contracts § 112(c)
S, for consideration, orally promises E to pay a debt of E’s son D to C, if D fails to pay it at maturity. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds because it was made to E, not to the creditor C. Restatement 2d of Contracts § 112(d)
D and S severally and unconditionally in an unsigned writing promise C, for consideration inuring to the benefit of both D and S, that C shall be paid the sum of $100 a month for the next six months. Is S’s promise within the scope of the Statute of Frauds?
D has induced S to make this promise by promising to hold S harmless. If C knows or has reason to know of this contract between D and S, when S makes his promise to C, S’s promise is unenforceable. Otherwise S’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 112(d)
D induces S to purchase goods from C. Though the purchase is for D’s benefit, the goods are delivered by C to S, who afterwards turns them over to D. S orally promises C to pay for them. D, as part of the transaction, guarantees C that S will pay. C neither knows nor has reason to know that S is a surety. Is S’s promise within the scope of the Statute of Frauds?
Though S is a surety as between himself and D, his promise is not within the Statute of Frauds. D’s promise also is not within the Statute, since the duty to pay is in truth his. Restatement 2d of Contracts § 112(d)
D and S jointly and orally promise C to pay C for goods which C knows are to be delivered for the exclusive benefit of D. Is S’s promise within the scope of the Statute of Frauds?
If S is under no several duty, his promise is not within the Statute of Frauds. Restatement 2d of Contracts § 113(b)
The facts being otherwise as stated in Illustration 1, the promise is joint and several. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 113(b)
The facts being otherwise as stated in Illustration 2, C has no reason to know that the goods are not for the benefit of both parties. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 113(b)
D owes C $100 and pays that sum to S in trust to pay it to C. Then or thereafter S orally promises C to pay D’s debt. Is S’s promise enforceable?
Whether or not C knows of the trust, C acquires an enforceable right against S. Restatement 2d of Contracts § 114(b)
D pays $100 to S in trust to apply it to whatever judgment C may recover against D in an action then pending. S orally promises C to pay the judgment in full. C recovers judgment for $125. Is S’s promise enforceable?
C has an enforceable right against S for only $100. Restatement 2d of Contracts § 114(b)
S is a member of a partnership. After he retires but before the debts of the partnership are paid, S orally promises C, a partnership creditor, to pay the amount due him. Is S’s promise within the scope of the Statute of Frauds?
The promise is not within the Statute of Frauds. Restatement 2d of Contracts § 114(c)
S, at D’s request, orally promises C to guarantee the payment by D to C of the price of any goods sold by C to D, to the extent of the indebtedness S may owe D at the time when C notifies S that D has made default. C thereupon sells goods to D. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 114(c)
S and D severally promise C to pay for goods to be delivered to D. The goods are really for S and D is the real surety, but S and D lead C to suppose that S is the surety. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute of Frauds. under § 113(c) neither is D’s. Restatement 2d of Contracts § 114(c)
D owes C $1,000. C is about to levy an attachment on D’s factory. S, who is a friend of D’s desiring to prevent his friend’s financial ruin, orally promises C that if C will forbear to take legal proceedings against D for three months S will pay D’s debt if D fails to do so. S has no purpose to benefit himself and C has no reason to suppose so. Is S’s promise enforceable?
S’s promise is not enforceable. Restatement 2d of Contracts § 116(b)
D owes C $1,000. C is about to levy an attachment on D’s factory. S, who is also a creditor of D’s, fearing that the attachment will ruin D’s business and thereby destroy his own chance of collecting his claim, orally promises C that if C will forbear to take legal proceedings against D for three months, S will pay D’s debt if D fails to do so. Is S’s promise enforceable?
S’s promise is enforceable. Restatement 2d of Contracts § 116(b)
D contracts with S to build a house for S. C contracts with D to furnish materials for the purpose. D, in violation of his contract with C, fails to pay C for some of the materials furnished. C justifiably refuses to furnish further materials. S orally promises C, that if C will continue to furnish D with materials that C had previously agreed to furnish, S will pay the price not only for the materials already furnished but also for the remaining materials if D fails to do so. Is S’s promise enforceable?
S’s promise is enforceable. Restatement 2d of Contracts § 116(b)
C, a bank, discounts negotiable promissory notes of D, a corporation. D becomes financially involved. An official bank examiner threatens to close the bank on account of the impairment of its assets because of the loans to D. S, a substantial shareholder of the bank, in consideration of forbearance by the examiner, orally promises the bank that if D fails to pay the note, he will do so. Is S’s promise enforceable?
The promise of S is enforceable. Restatement 2d of Contracts § 116(c)
In consideration of a premium of $100, S guarantees C in an unsigned writing the fidelity of D, C’s employee, during D’s term of employment. Is S’s guaranty enforceable?
The guaranty is not enforceable. Restatement 2d of Contracts § 116(c)
In consideration of a loan by C to D, S orally promises C to execute a written instrument guaranteeing the debt. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is within the Statute. Restatement 2d of Contracts § 117(a)
D owes C $1,000. In consideration of C’s forbearance to sue D, S orally promises C that S will sign as acceptor for the accommodation of D a draft for $1,000 to be drawn by D. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is within the Statute. Restatement 2d of Contracts § 117(a)
I promises to indemnify S if he will guarantee I’s obligation to C. Is I’s promise within the scope of the Statute of Frauds?
I’s promise is not within the Statute of Frauds. S’s promise is. Restatement 2d of Contracts § 118(a)
I promises to indemnify S if he will sign an accommodation note to C for I’s benefit. Is I’s promise within the scope of the Statute of Frauds?
I’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 118(a)
I promises D to assume his liability to S, and also promises S to indemnify him against loss sustained by S as surety for D’s obligation to C. Is I’s promise within the scope of the Statute of Frauds?
I is now the principal obligor and his promise is not within the Statute of Frauds. Restatement 2d of Contracts § 118(a)
Relying on I’s promise to indemnify him, S obtains goods from C on S’s promise to pay for them if D does not. D comes under no duty to pay for them. Is I’s promise within the scope of the Statute of Frauds?
I’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 118(a)
To induce C, a commercial surety company, to file a bond in an action against D company, S gives C a written guaranty against loss. After judgment against D company, I, a stockholder, orally promises S to indemnify him against loss. Is I’s promise within the scope of the Statute of Frauds?
Unless I’s promise is within the main purpose rule, it is within the Statute of Frauds. Restatement 2d of Contracts § 118(b)
I requests S to indorse notes made by I’s son D, in order to enable D to obtain credit for use in D’s business, and orally promises to indemnify S for any resulting loss. S indorses the notes as requested. Is I’s promise within the scope of the Statute of Frauds?
Even though for some purposes I is treated as surety for D, I’s promise is not within the Statute of Frauds. Restatement 2d of Contracts § 118(b)
S holds a note made by D payable to bearer, and sells and delivers it to C, orally guaranteeing that D will pay the note. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute. Restatement 2d of Contracts § 121(a)
S is engaged in selling goods for others on commission. To induce C to employ him, S orally guarantees payment by those to whom he sells C’s goods. Later S sells goods for C on credit to D. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the Statute. Restatement 2d of Contracts § 121(a)
D owes C $1,000 on open account. S, who specializes in the purchase of slow accounts, orally promises to buy C’s right against D for $800 if assignment is made within three months. At the end of three months, C tenders S an assignment of the account. Is S’s promise within the scope of the Statute of Frauds?
S’s promise is not within the suretyship provision of the Statute of Frauds. Restatement 2d of Contracts § 122(a)
D corporation owes C $1,000 which is due. S orally promises C that if C will grant D an extension of 60 days, S will purchase the debt at that time if it is not then paid. Is S’s promise enforceable?
The circumstances indicate that S is really guaranteeing the account, and the promise is unenforceable. Restatement 2d of Contracts § 122(b)
D owes C $100. S orally promises D that S will discharge the debt, or promises to lend D money with which to pay it. Is S’s promise within the scope of the Statute of Frauds?
In either case, S’s promise is not within the Statute of Frauds. 123(a)
In consideration of A’s promise to marry B, B orally promises to marry A and to settle Blackacre upon A. Is B’s promise within the scope of the Statute of Frauds?
B’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 124(b)
B offers to marry A. To induce A to accept the offer, B orally promises to settle property upon A. A accepts the offer. Are B’s promises within the scope of the Statute of Frauds?
Both promises to marry and B’s promise to make a settlement are within the Statute of Frauds. Restatement 2d of Contracts § 124(b)
In consideration of A’s promise to marry B, B orally promises to marry A and to forego the rights which the law allows B with reference to A’s property. Is B’s promise within the scope of the Statute of Frauds?
B’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 124(b)
A and B mutually promise that each will settle $5,000 on A’s daughter when she marries B’s son. Are the promises within the scope of the Statute of Frauds?
The promises are not within the Statute of Frauds, since the marriage is a condition rather than consideration. Restatement 2d of Contracts § 124(c)
A and B are engaged to marry. In consideration of A’s promise that when married they will live in a house owned by A, B promises to settle $10,000 upon her. Are the promises within the scope of the Statute of Frauds?
The promises are not within the marriage provision of the Statute of Frauds. Restatement 2d of Contracts § 124(c)
A leases land to B under a written lease terminable at the end of any year by written notice given by either party. During the third year of the lease, in consideration of a loan by B, A orally promises not to terminate the lease before the end of the fourth year. Is the oral agreement within the scope of the Statute of Frauds?
The oral agreement is not a lease or contract to lease but is a contract not to be performed within a year, and is within the one-year provision of a Statute of Frauds enacted in the original English form. Restatement 2d of Contracts § 125(b)
A promises B to transfer Blackacre to B or to C for a price to be paid by B. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is within the Statute of Frauds, whether or not B is committed to buy. Restatement 2d of Contracts § 125(c)
A owes B $1,000. In consideration of B’s promise to extend the time of payment three months, A promises orally that he will sell his land and apply the proceeds as far as necessary to pay the debt. Is A’s promise within the scope of the Statute of Frauds?
A’s promise to sell the land is within the Statute of Frauds. Restatement 2d of Contracts § 125(c)
A and B orally promise C a share in a partnership of which A and B are partners. C orally promises to contribute his services to the firm business. A and B own land as part of the partnership assets. Are these promises within the scope of the Statute of Frauds?
The promises are within the Statute. Restatement 2d of Contracts § 125(c)
For consideration, A promises B to devise Blackacre to B. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is within the Statute. Restatement 2d of Contracts § 125(c)
A promises B, his daughter, that he will die intestate so that B will inherit a share in a parcel of land. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is not within the land contract provision of the Statute of Frauds. The contemplated transfer to B is a transfer by operation of law, not a transfer by virtue of the contract. Restatement 2d of Contracts § 125(c)
A orally promises B to share with him whatever proceeds A obtains from the sale of Blackacre. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is not within the land contract provision of the Statute of Frauds. Restatement 2d of Contracts § 125(c)
A promises to pay $5,000 to B for a conveyance of Blackacre either to A or to a third person. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is within the Statue of Frauds. Restatement 2d of Contracts § 125(d)
A promises to support B during B’s life in consideration of B’s promise to convey Blackacre to A. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 125(d)
A and B make an oral contract for the sale of Blackacre by B for $10,000, and A gives B a check for $1,000 as a down payment. B is ready and willing to perform, but A stops payment of the check. Is A’s performance enforceable under the Statute of Frauds?
The Statute of Frauds does not prevent enforcement of A’s obligation on the check. See § 78. Restatement 2d of Contracts § 125(d)
A promises B to transfer Blackacre to B, in consideration of B’s promise to pay A $5,000. A tenders a deed of Blackacre to B and B accepts the deed. Is B’s promise within the scope of the Statute of Frauds?
B’s promise is no longer within the land contract provision of the Statute of Frauds. Restatement 2d of Contracts § 125(e)
A owes B $10,000. A promises to convey Blackacre to B in full settlement of the debt, and B promises to accept the conveyance in full settlement. A tenders to B a deed to Blackacre and B accepts the deed. Is B’s promise enforceable under the Statute of Frauds?
The Statute of Frauds does not prevent enforcement of B’s promise. Restatement 2d of Contracts § 125(e)
A owes B $1,000. In consideration of B’s promise to extend the time of payment three months, A promises orally that he will sell a parcel of land and apply the proceeds as far as necessary to pay the debt. A sells the parcel. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is no longer within the land contract provision of the Statute of Frauds. Restatement 2d of Contracts § 125(e)
A promises B that C, A’s wife, will transfer her land to B’s son D on payment by D of $5,000. In consideration of A’s promise, B promises to pay A a commission of $100. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is within the Statute of Frauds. Restatement 2d of Contracts § 126(a)
A orally promises B that A will buy Blackacre from C. Is A’s promise within the scope of the Statute of Frauds?
The promise is within the Statute of Frauds, but ceases to be within it if A accepts a conveyance from C. See § 125. Restatement 2d of Contracts § 126(a)
A orally promises B to buy a parcel of land from C and to hold it in trust for B, subject to the payment of the price by B. B orally promises A a commission for so doing. Is A’s promise within the scope of the Statute of Frauds?
A’s promise to buy the parcel is within the Statute of Frauds. If A purchases the parcel, however, he holds it upon a constructive trust for B. See Restatement of Restitution § 194. Restatement 2d of Contracts § 126(a)
A orally promises B to pay him $500 if he succeeds in inducing C to agree to transfer Blackacre to A for $5,000. Is A’s promise within the scope of the Statute of Frauds?
A’s promise is not within the Statute of Frauds as a contract for the sale of an interest in land. In many states, however, a separate statute makes such a promise unenforceable in the absence of a writing. Restatement 2d of Contracts § 126(b)
A orally promises B to pay B a commission of $100 if B induces C to transfer Blackacre to B’s son D, and B orally promises A to use his best efforts to that end. Are these promises within the scope of the Statute of Frauds?
Neither promise is within the Statute of Frauds as a contract for the sale of an interest in land. Restatement 2d of Contracts § 126(b)
A orally promises B that A will convey Blackacre to any purchaser procured by B, at a price stated “net” of B’s 5 per cent commission. B procures an offer by C to buy on A’s terms and to pay B’s commission, but A refuses to convey. Is A’s promise within the scope of the Statute of Frauds?
A’s promise to B is within the Statute of Frauds. Restatement 2d of Contracts § 126(b)
A, a mortgagor of Blackacre, promises B, the mortgagee, to release A’s right to redeem the mortgaged property, in consideration of B’s promise to accept the release in full satisfaction of the mortgage debt. Are these promises within the scope of the Statute of Frauds?
The promises of A and B are within the Statute of Frauds. Restatement 2d of Contracts § 127(a)
A, holding a note made by B and secured by mortgage on B’s land, promises to assign the note to C. Is A’s promise within the scope of the Statute of Frauds?
A’s promise to C is not within the land contract provision of the Statute. Though the assignment will give C an interest in land, the interest is transferred by operation of law rather than by agreement. See § 340. Restatement 2d of Contracts § 127(a)
By written agreement A promises to sell and B promises to buy Blackacre. B promises to assign to C B’s right to a conveyance. Is B’s promise to C within the scope of the Statute of Frauds?
B’s promise to C is within the Statute of Frauds. Restatement 2d of Contracts § 127(a)
A orally promises B to allow B during B’s life to maintain a drain, or to carry away gravel, or to erect and maintain a dam on a parcel of land. In consideration thereof B orally promises to pay A $1,000. Are these promises within the scope of the Statute of Frauds?
Both promises are within the Statute of Frauds. Restatement 2d of Contracts § 127(b)
A, a boarding-house keeper, orally promises B to give B board and lodging in A’s house for the ensuing year, in consideration of B’s promise to pay A $20 a week. Are these promises within the scope of the Statute of Frauds?
Neither promise is within the Statute of Frauds. Restatement 2d of Contracts § 127(b)