Statue of Frauds (common law) Flashcards

1
Q

enforceability rather than….

A

existence of K

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2
Q

A K w/in SOF is enforceable if it is

A

evidenced by ANY writing, signed by or on behalf of the party to be charged which….

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3
Q

REQUIRES

A

1) writing signed by party to be charged that :
a) reasonably identifies SUBJ MATTER of K
b) sufficient to indicate K has been made btwn parties
c) states w/reas cert the essential terms of the unperformed promises in K.

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4
Q

is this real estate?

A

look for SOF

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5
Q

can’t be performed in 1 yr?

A

look for SOF

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6
Q

common exception to SOF

A

part performance

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7
Q

mention

A

restitution as a possible remedy (if no-K) as a COA or reliance (promissory estoppel)

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