Defenses to Contract Flashcards
What types of contracts are under the Statute of Frauds?
- Executors who offer pay the estate’s debts out of their own pocket
- Offering sureties for someone else’s debt
- Promises in Exchange for Marriage
- Real estate contracts
- Contracts that take over a year to complete
- Sales over $500
Senior, a 45-year-old car salesman, offers to sell Junior, a 16-year-old high schooler, a used Nissan for the special price of $4500. Junior signs the contract and says she will pick up the car the next day. That afternoon, Miss, a local business owner, sees the car on the lot and offers to pay $5000 to Senior if she can take it immediately, as her delivery vehicle was totaled and she needs a replacement right away. Can Senior claim his contract with Junior was invalid because Junior was a minor?
No. A contract with a minor can only be disavowed by the minor.
Senior, a 45-year-old car salesman, offers to sell Junior, a 16-year-old high schooler, a used Nissan for the special price of $4500. Junior signs the contract, writes Senior a check, and takes the car for a spin. She bumps a curb and damages one of the tires, which was worth $100, though the car is otherwise undamaged. Junior calls Senior and disavows her contract, demanding her money back. Under TN law, can Junior walk away from the contract? If so, how much does Senior have to return to her?
Junior may disavow the contract, but she can only get back $4400. TN law says a minor must bear the loss of a depreciation in value of a good they contracted to buy then disavowed, so Junior must bear the loss of the $100 depreciation in value of the car.
Senior, looking for love, wants to marry his long-time girlfriend, Single. Single agrees to marry Senior, provided that Senior will add her son, Deadbeat, to his will as his sole heir. Senior, having no children of his own, verbally agrees. Two years later, Senior and Single have a beautiful baby girl and want to add her to the will, but Deadbeat argues he is supposed to be the sole heir. Is Senior contractually obligated to add Deadbeat to his will as his sole heir?
No. An oral promise given in anticipation of marriage is unenforceable under the statute of frauds.
