Statute of Frauds

Question 1

contracts within (governed by) the statute of (against) frauds
(section 4 contracts)

Answer 1

promises of an executor or an administrator to pay the debts of the decedents estate out of his own funds

promises of a person to pay the debts of another

promises upon consideration that a marriage take place

contracts involving sales of lands or any interest in them

contracts which are not capable of being fully performed within a year from the time of their making

Question 2

if an executor promises to pay the debts of the decedents estate but it isn’t in writing, is it enforceable?

Answer 2

no

Question 3

promises upon consideration that a marriage take place

Answer 3

doesn’t matter who is getting married

doesn’t include mutual promises to marry

Question 4

promises of a person to pay the debts of another

Answer 4

if x doesn’t pay, i will

Question 5

contracts which are not capable of being fully performed within a year from the time of their making

Answer 5

if its possible it will be completed in a year, you don’t need it in writing and signed

Question 6

compliance with this section (contracts within statute of frauds) is had by

Answer 6

a writing sufficient that a contract has been made, signed by the party to be held or charged under the contract (i.e. defendant) or his agent

Question 7

exceptions to section 4 contracts

Answer 7

main purpose doctrine or leading object rule
past performance doctrine
bilateral contract exception

Question 8

main purpose doctrine or leading object rule

Answer 8

applies to #2 (promises of a person to pay the debts of another)

main purpose of the promise is to benefit the promisor

Question 9

past performance doctrine

Answer 9

applies to #4 (contracts involving sales of lands or any interest in them)

in the case of land, sometimes past performance under an oral contract will operate as a substitute for a writing (e.g. where the buyer pays part or all of the purchase price and either 1) enters into possession of the land OR 2) makes valuable improvements to the land

Question 10

bilateral contract exception

Answer 10

one party has fully performed the contract
Applies to #5 (contracts which are not capable of being fully performed within a year from the time of their making)

applies only to bilateral contracts

Question 11

section 17 types of contracts under the english statute or frauds

Answer 11

goods (UCC 2-201): applies to contracts for the sale of goods $500 or more

Question 12

goods for UCC are

Answer 12

moveable, tangible, personal property

Question 13

compliance with 2-201 UCC is had by

Answer 13

a writing sufficient to indicate a contract has been made, signed by the party go be charged (i.e. the defendant) or his authorized agent or broker)

Question 14

exceptions to 2-201 UCC

Answer 14

between merchants, (a) a written confirmation (b) sent within a reasonable time (c) sufficient against the sender (d) received and not objected to in writing within ten days of receipt by recipient **TO NOT BE BOUND YOU NEED TO SEND A REJECTION

under certain circumstances, specially manufactured goods

admission in pleadings, testimony in court or otherwise

acceptance of the goos or payment for the goods to the extent of acceptance or payment

Question 15

effect of non compliance with the statute of frauds

Answer 15

the oral contract is unenforceable by way of action or defense. it is not void, merely UNENFORCEABLE.

Question 16

the writing (memorandum) required by the statute

Answer 16

need not be a full blown legal document, but merely sufficient to identify the contract terms satisfactorily to the court

Question 17

the statute was passed

Answer 17

to prevent fraud against the court (i.e. perjury on the witness stand).

Question 18

note that the statute

Answer 18

is a misnomer in that it has nothing to do with fraudulent contracts. it merely provides that certain contracts must be in writing and signed by the party to be charged under the contract (i.e. the defendant or his authorized agent or broker); otherwise, if they are oral, the courts will not enforce the.