Statute of Frauds Flashcards

1
Q

History of Statute of Frauds

A

To make a contract enforceable, you put a seal on the contract. No longer exists and now there is a statute of frauds which makes a contract unenforceable unless it’s put in writing.

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2
Q

2 Rules of Statute of Frauds

A

A) Certain types of frauds to be 1) in writing, 2) signed by the person against whom enforcement is sought. Doesn’t have to be signed by both parties.

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3
Q

Statute of Frauds: What must be in writing

A

a. Must be in writing of
i. If the contract couldn’t be completed within 1 year of signing the contract (can’t give complete performance within 1 year of signing the contract).
ii. Does not apply to promissory estoppel. This is an issue because if an agreement is unenforceable due to statute of frauds you an still enforce a promise under promissory estoppel.
iii. Marriage
iv. Sale of Land
v. Sale of goods for more than $500

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