Statute of Frauds Flashcards
promise in consideration of marriage
not merely a promise to marry but a promise to do something or refrain from doing something if we marry - PRENUP
promises made by executor to pay estate’s debts out of his own pocket
not just a promise to pay but has to be from his own funds
Guarantee
must have language of guarantee - promise to pay IF SOMEONE ELSE DOES NOT
Service K that goes for more than 1 year
if it can’t be completed in 1 year then it’s in the SOF
Even if performance takes short time but K is for longer…
IT’S IN THE SOF.
task (nothing said about time)
SOF does not apply - NEVER A SOF problem.
P claims that D hired him on JAn 15 to cut all of the trees on D’s land– SOF?
NO. doesn’t matter that it might take YEARS it must be incapable of being performed in 1 year…you assume that there’s an unlimited amount of help that can get it done
LIfetime contract ?
SOF Doesn’t apply
P claims D hired her to work for the rest of P’s life. P is ply 21 years old and in great health. SOF?
NO. This K is CAPABLE of being performed in a year….she might not live past 1 year. THIS MAKES NO SENSE.
transfer of interest in real estate of a term of more than a Year
YES
P claims D agreed to build a house on Blackacre. SOF?
No. no transfer.
P claims that D agreed to sell Blackacre for $400 - SOF?
Duh, obvi.
P claims D agreed to sell an EASEMENT for $400 for two years
YES. Interest in land is all it needs.
P claims D agreed to LEASE blackacre for one year. SOF?
NO. Must be more than 1 year
Sale of Goods of $500 or more - SOF?
YES
BG says C agreed to sell Cadillac for $500 - SOF?
Yes.
BG says C agreed to sell Cadillax for $400 - SOF?
NO Statute of Frauds. But UCC WILL STILL APPLY.
How is Statute of Frauds satisfied?
- Performance
2. Writing
If SOF satisfied, is there a defense?
NO.
Performance of SOF - service K
full performance by either party satisfies SOF
what about part performance for SOF?
SOF problem - there is no SOF defense, therefore you can’t recover against the guy who backed out.
Any other remedies on part performance SOF?
Quasi-contract and RESTITUTION for the benefit gained. Unjust enrichment of defendant.
Goods and Satisyfing the SOF
can also satisfy SOF
Ordinary Goods
General rule is that part performance of a K for the sale of goods satisfies the SOF but only to the extent of the part performance.
EX: S orally agree to sell 2K widgets to B for $10k. S delivers 600 widgets. S sues B for payment for the 600 widgets that have been delivered. Does B have a SOF defense?
NO. Part performance of delivered goods satisfies the SOF.
What about the UNDELIVERED goods? S have a SOF defense?
YES. 14k widgets will have a SOF defense so that P can get her money back.
EXCEPTION - Manufactured Goods exception (Custom goods)
if the K for sale of goods that are to be specially manufactured (customized) SOF satisfied as soon as
1. seller makes SUBSTANTIAL beginning.
Part Performance in Real estate
- payment (full or close to full)
- possession
- improvements
TWO OUT OF THREE
B orally agrees to buy Blackacre from S for $500. B takes possession and pays $80, is SOF satisfied so that B can enforce S’s sale of the land?
YES.
What about FULL payment of real estate and SOF?
NO. YOU NEED TWO OUT OF THREE.
Adequacy of writing for SOF
ALL MATERIAL TERMS TEST
- who is the deal BETWEEN
- what is the deal about (terms)
- D’s signature - party to be charged.
PARTY CHARGED???
if the party has not signed the fucking document then SHE CAN’T BE CHARGED. if it’s NOT D’s signature then you can’t satisfy the SOF
UCC Statute of frauds
Look to the contents of the writing, and who signed the writing - must have quantity specified.
Answer the damn letter exception to signature of D.
UCC permits exception if you don’t respond:
- merchants
- D receives confirmation w/ quantity
- 10 days after receipt SATISFIED
Judicial Admissions Rule - UCC Art 2 - applied by analogy to common law
- statement by D
2. acknowledging the agreement
Where would you find Judicial Admissions
pleadings, testimony, discovery
Why is SOF satisfied with Judicial Admissions?
Because it’s a signed, sworn statement that clears up fraud.
Authorization to enter into K for someone else - Equal Dignity Rule
Is the underlying K to be signed in the SOF?
YES - Authorization must be of equal dignity to the SOF
NO - then it can be oral
Meg Ryan wants an apartment in Seattle for 3 months. C is authorized orally. SOF needed?
NO.
Same Meg Ryan hypo but for 2 years?
YES - equal dignity rule requires that it be in writing because the underlying K is SOF needs to be in writing.
Contract modification - when is there a legal requirement of a written evidence of a K modification?
- look at new deal with chafe
- is deal w/i SOF?
- If so then YES
Change to 3 year lease v. Change to 1 year lease
Yes to 3 year v. NO to 1 year
