Statute of Frauds Flashcards
What are the key features of the Statute of Frauds as a legal doctrine?
It’s an affirmative defense requiring certain contracts to be in writing to be enforceable. It must be raised by the defendant and makes the contract unenforceable (not void). Most contracts don’t require writing unless specified by the statute.
What types of contracts fall under Restatement § 110 - Classes of Contracts covered and require a writing?
Contracts involving suretyship, consideration of marriage, sale of an interest in land (Boone v. Coe), and those not performable within one year (Riley v. Capital Airlines).
What does UCC § 2-201 - Statute of Frauds for Sale of Goods, require for enforceability of contracts for the sale of goods?
A signed writing for goods ≥ $500, specifying quantity. Between merchants, confirmation without objection in 10 days suffices. Exceptions: specially manufactured goods, admissions in court, and partial performance.
When can a promise be enforced despite the Statute of Frauds under § 139 - Promissory Estoppel Exception?
When a promise induces reasonable reliance and enforcement is necessary to avoid injustice, considering factors like foreseeability, reasonableness, corroboration, and availability of other remedies.
What must a writing include to satisfy the Statute of Frauds under Restatement § 131 and UCC § 2-201(1)?
Signature of the party to be charged, identification of subject matter, indication a contract was made, and essential terms—plus quantity for UCC sales of goods.
How is “signature” defined under the UCC and Restatement for Statute of Frauds purposes?
Broadly—includes typed names, e-signatures, and symbols intended to authenticate. Neither requires a handwritten signature.
Why was the oral agreement in Schwedes v. Romain unenforceable?
No signed writing, and plaintiffs’ actions were merely preparatory—not partial performance under the Statute of Frauds.
What are some key policy takeaways about the Statute of Frauds?
It’s asymmetrical (only the defendant needs to sign); plaintiff’s performance is the only path to exceptions; restitution is the main remedy; and courts rarely allow promissory estoppel to override it.
