Statute of Fraud Contracts

Question 1

types of SoF ks

Answer 1

Marriage
Year
Land sales
Executors
Goods for $500+
Sureties/guarantees

MY LEGS

Question 2

marriage ks

Answer 2

promises made in consideration to marry NOT to marry

eg prenup

Question 3

service ks

Answer 3

SoF required if incapable of being performed w/in 1 year

Exceptions:
1. “lifelong” deals
2. ks that say nothing about time of performance
(both are technically possible to be performed w/in 1 year because person could die)
ET: always assume superman is doing it

too much time lapses to proof k existence after 1 year

Question 4

land-related ks

Answer 4

transfers property interests includes leases and easements greater than 1 year

Question 5

leases >1 year

Answer 5

requires writing

Question 6

leases <1 year

Answer 6

CAN be oral
Does NOT have to be in writing

protects lessee

Question 7

executor promises

Answer 7

promises by executors/administrators to personally answer for debts of decedent’s states

personal assets NOT from estate’s assets

Question 8

guarantees

Answer 8

promises to pay the debt of another (backup)

ET: often tested as wrong asnwer

eg “if they don’t pay, I will”

Question 9

goods for $500+

Answer 9

includes exactly $500

Question 10

equal dignity rule

Answer 10

authorizing someone to enter k for you must be in writing if underlying deal is subject to SoF