Contracts: Requirements of Writing Flashcards
Must all contracts be in writing to be enforceable?
No, not all contracts must be in writing
What type of contracts must be in writing?
- Unable to be complete within one year of its date
- Sale of land or an interest in land
- Executor administrator of an estate agrees to be personally responsible for the debts of the estate
- Promotion of marriage
- Agreement to be responsible for the debt or default of another
Writing Requirement: Cannot/Unable to complete in one year - What does it mean?
Definition: From when the contract is offered, that is when the 1 year starts.
Writing Requirement: All Contracts for the Sale of Land Or an Interest in Land - The two types?
Property has two main categories:
- Personal Property
- Land (real property)
Writing Requirement: All Contracts for the sale of land or an interest in land - Personal property parameters
- goods, movables
- all contracts for the sale of goods, meaning personal property of a blue of $50 or upwards, shall not be enforceable of the court unless
(a) buyer shall accept part of the good sold and actually receive the same
(b) Give something in earnest to bind contract
(c) In part payment or unless some not
(d) Memorandum in writing of the contract is made and signed by the party to be charged on their agent in behalf
Writing Requirement: All contracts for the sale of land or an interest in land - Land (real property) parameters
- Anything moveable
- Land title system and registry system
- Land (attached like trees, rocks, bushes)
- Interest (flows onto the land, water, grows beneath)
What is the land title system?
- Anything of interest in land
- This is the prime goal for the system
- We have a guaranteed title system (indefeasible title)
What is the registry sytem?
- Holding institution of any claims against the property
- Not a guaranteed title system
What is the highest form of ownership called?
- Fee simple
- person does not own land and Queen does, so they can take land away from you (called expropriation)
- Can argue about how much the Crown pays you
What is the lesser for of ownership?
- Life estate
- Not common today
- Person is called tenant of receiving life estate
What is 2nd least form of ownership?
- Easement
- Own a parcel of land but you give someone the use of land, but do not own it
What is the least form of ownership?
- Right of way
- Give someone a right to cross land (lol)
Co-ownership is when two or more parties own same parcel of land: What are the two types?
- Joint tenancy - means two or more in common own it and entirety goes to last survivor.
- Tenants in common - definite share where all owners can use all property
What is the doctrine of part performance?
- Provides that where a buyer in a verbal contract for the sale of land performs certain acts relative to that land and those acts, they are entitled to such land in contract even if only verbal
- I.e., Buyer starts clearing trees, Farmer says they no longer want to sell; judgement would fall in buyer as there is evidence that he carried out the plans for contract
Written Requirement: Executor or administrator of an estate agrees to be personally responsible for the debts of the estate
- Either appointed by a will or by virtue of law to handle or administer the estate
- Pay debts out of estate funds
- Estate can be sued if there is not enough debt to pay creditors, but executor can pay out of pocket
- If no one is named, an administrator is named
