Defenses to Enforcement

Question 1

When is Statute of Frauds Applicable

Answer 1

(1) If there is a verbal agreement
(2) Where one person pays another’s debt
(3) There is a transfer of interest in land
(4) Performance cannot happen in one year
(5) Sale of goods is greater than $500

Question 2

Statute of Frauds Exceptions

Answer 2

(1) Where the party admits there is a contract at trial, in interrogatories, in depositions, etc.
(2) Where the contract has been performed
(3) In a sale of land where there are two of the following: payment, possession, or improvements to the land.

Question 3

Unconscionable Contracts

Answer 3

Usually present where parties have unequal bargaining power