Statue of Frauds (common law) Flashcards
1
Q
enforceability rather than….
A
existence of K
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….
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.
4
Q
is this real estate?
A
look for SOF
5
Q
can’t be performed in 1 yr?
A
look for SOF
6
Q
common exception to SOF
A
part performance
7
Q
mention
A
restitution as a possible remedy (if no-K) as a COA or reliance (promissory estoppel)