Kaplan Pgs 203-218 SOF

Question 1

Technically the statute of frauds is considered to be a what?

Answer 1

Defence that can be raised against a party that has claimed breach of contract. The breaching party can use the SOF in situations when there is no writing or the writing was deficient

Question 2

What does the SOF require?

Answer 2

In writing that is signed by the party to be charged

Question 3

What are the six categories of agreements that are governed by the SOF?

Answer 3

MY LEGS
- marriage
– year
– land
– executor
– guarantee
– sale of goods

Question 4

What is the deal with the one-year SOF category?

Answer 4

It applies to contracts that will not be completed within one year of the formation of the contract

Question 5

What is involved in the executor category of agreement under the SOF?

Answer 5

This applies to contracts of an executor or administrator to answer for a duty of the decedent

Question 6

Individual states of added extra categories to the six conventional ones under the SOF, what are the most common two?

Answer 6

Dash real estate brokerage agreement

Dash non-marital cohabitation agreement

Question 7

Under the one-year provision for the SOF, when is the time measured from?

Answer 7

The date of the contract formation, and not the date of the beginning of performance

Question 8

If someone makes a oral agreement with a law firm to work for them for the summer in their third year of law school when they are only in their first year, does the SOF apply to that?

Answer 8

Yes, because even though the actual work will only be two months, the dates of performance is three years away, which is more than one year, so the SOF applies

Question 9

What happens when a contract doesn’t state the specific date that performance must be completed by? Does the SOS apply?

Answer 9

You have to ask if it is at all possible to complete the performance within a year.

Ayi: even though it is very unlikely that you could build a skyscraper in a war ravaged country within a year, the focus is on whether it is POSSIBLE. Because it is possible, this would not be governed by the SOF

Question 10

What is the minority and majority positions on lifetime or permanent contracts with regard to the SOF rule of one year?

Answer 10

– Majority: because this could be finished in a shorter time than one year [the person could die] the SOS does not apply.
– Minority: this does fall within the SOF

Question 11

Why do most courts say that brokerage agreement with real estate agencies fall outside of the SOF sale of land provision?

Answer 11

Because that contract is really a service and not a contract for the sale of land

Question 12

TheSOF asks for a written contract for what kind of land deals?

Answer 12

For interest in land. So this means that lease holds are also included if they will last longer than a year

Question 13

What is the one caveat to the main purpose exception for the SOS rule regarding guarantees and suretyship agreements?

Answer 13

If someone just has a selfish interest, that is not enough to trigger the exception. In order for the main purpose exception to apply, it must be central to the promise

Question 14

In order for a writing to be sufficient under the SOF, what three things are necessary?

Answer 14

– Identity of the parties
– nature and subject matter
– essential terms

Question 15

In order for the SOF to be a satisfied, is it necessary that the writing happen in one single document?

Answer 15

No, a party can satisfy the SOF by tacking together several documents that when combined as a whole satisfy the SOS

Question 16

Does the SOF apply to contracts that get modified so that they do fall within the SOF? Like if a contract was originally for $300, but as modified it is for $600?

Answer 16

Yes and the same is true if the modified contract now doesn’t fall within the SOF

Question 17

Does electronic documentation such as an email count as a writing?

Answer 17

Yes

Question 18

What is the definition of a signature?

Answer 18

Any symbol that is made with present intention to authenticate a writing

Question 19

What are things that can be considered signatures?

Answer 19

The parties initials, a typed or printed signature, a stamped signature, pre-printed letterhead, electronic signatures, etc.

Question 20

Would a check be considered enough for a writing?

Answer 20

Yes as long as it says something in the notation area that states the quantity of the goods. I.e.: “Speedboat“

Question 21

If two people into an oral agreement to sell five tobacco barns for $5000, and then Wen writes on a piece of paper “five Barnes” and signs it, is that enough to meet the SOF?

Answer 21

No

Question 22

For a merchants confirmatory offer, if the confirmation never reached the recipient because of a postal misdirection, is it valid against the recipient?

Answer 22

No, because in order for it to be valid the other person had to have had reason to know about its contents. But if the confirmation did read the recipient but stayed an opened because of negligence, then he is held to have had reason to know

Question 23

How long does the merchant have to object to emergence confirmatory offer?

Answer 23

10 days of receipt

Question 24

What is the exception for in court admission that would satisfy the SOF?

Answer 24

If a party admits that he had a contract in a pleading, testimony, or other situation in court, then there’s no need for a writing