Statute of Frauds Flashcards
SoF One Year
Contract that by its terms cant be performed within one year from its making
Starts day after contract is made
Question is: whether there is no possible way for the contract to be performed within one year
SoF Real Property
Contract for sale of an interest in real property
Only those contracts that transfer an interest
SoF signed writing generally
Must show:
1. A contract was formed; and
2. Requisite Terms:
show that a contract was formed; identify parties; contain essential elements of deal; signature against whom its being enforced
SoF signed writing for goods
- Identifies Parties
- Contain quantity term; and
- Be signed by the party to be charged
no need to mention price
If wrong quantity written down, the contract is enforceable for quantity mentioned in writing
SoF Performance
Service (one year)
Full performance by one party = satisfaction
Part performance doesnt count
SoF Performance
Real estate
Full performance by seller = satisfaction
Partial performance if two of the following met: payment, possession; improvements