statute of frauds :(

Question 1

what requires writing?

Answer 1

1. Marriage Contracts
2. Contracts Not Performable Within One Year
3. Contracts for the Sale of Land
4. Contracts of Executors or Administrators
5. Contracts for the Sale of Goods of $500 or More
6. Suretyship Contracts (Answering for the Duty of Another)

Question 2

requirements for suretyship

Answer 2

“N-C-D” → Not Creditor’s Debt
N: Not presently liable – The surety (promisor) is not originally liable for the debt.
C: Creditor – The promise is made to the creditor.
D: Discharge – The promise is to discharge the present or future obligations of a third person (the debtor).

Question 3

Writing Requirements

Answer 3

PEST - SIGNED WRITING BY THE PARTY TO BE CHARGED
P- PARTIES
E- ENTERED INTO AN AGREEMENT’
S- SUBJECT MATTER
T- ESSENTIAL TERMS

Question 4

who must promise of suretyship be told to

Answer 4

If the promise is made to someone other than the obligee/creditor (e.g., a third party who has no right to the original debt), then the Statute of Frauds’ suretyship provision does not apply.

Question 5

exceptions

Answer 5

S- SPECIALLY MANU
A- ADMISSIION
P- PERFORMANCE
P- PROMISSORY ESTOPPEL

Question 6

stuff about one year

Answer 6

**Restating terms of a contract resets the contract date
** There can be provisions within the contract that could result in termination of the contract that would be within the year
(A contract states: “I will hire you for 3 years, but I can terminate the contract at any time with 30 days’ notice.”
The ability to terminate within a year means the contract could end within a year.
Therefore, it does not fall under the One-Year Rule and does not need to be in writing.)

Question 7

primary purpose

Answer 7

The issue here is whether the contract is governed by the Uniform Commercial Code (UCC), which typically applies to the sale of goods, or by common law, which governs contracts for services. In situations where both goods and services are involved, the court uses the “predominant purpose” test to decide which set of rules applies.

In this case, the question is whether the primary purpose of the contract is the sale of paint (a good) or whether it’s for Sam to use his artistic talents to create a mural (a service). Since the main intention appears to be that Sam will create a work of art, this is seen as a service contract, not a sale of goods. As a result, the common law rules apply, not the UCC.