STATUTE OF FRAUDS

Question 1

How to approach a problem involving statute of frauds?

Answer 1

1. whether the contract is within the statute of frauds
2. whether the writing satisfied the statute of frauds.

Question 2

Is the contract within the statute of frauds?
Classification under R110

Answer 2

1. K of an executor or administrator to answer for a duty of his decedent (the executor/administrative provision).
2. k to answer for the duty of another (the suretyship provision).
3. K made upon consideration of marriage (presumption agreement).
4. k fro the sale of an interest in land (Lucy v. Zehmer)
5. k that is not performed within 1 year of the making thereof.

Question 3

exception to SOF

Answer 3

1. 2-201 (1) a k for the sale of goods for the price of $500 or more is not enforceable unless there is some writing sufficient to indicate that a K for sale has been made. The writing is not insufficient because it omits or incorrectly states a term but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
2. merchant provision 2-201 (2): between merchants
3. Specially manufactured goods 2-202 (3)
4. (b) admissions I his pleading, testimony or otherwise in court that a K for sale was made,
5. (C) part performance: goods for which payment has been made or accepted or which have been received and accepted.

Question 4

Whether the writing satisfies the SOF?

Answer 4

1. writing is signed by the party to be charged
2. reasonably identifies the subject matter
3. indicates contract was made
4. states with reasonable certainty essential terms