Statute of Frauds

Question 1

promise in consideration of marriage

Answer 1

not merely a promise to marry but a promise to do something or refrain from doing something if we marry - PRENUP

Question 2

promises made by executor to pay estate’s debts out of his own pocket

Answer 2

not just a promise to pay but has to be from his own funds

Question 3

Guarantee

Answer 3

must have language of guarantee - promise to pay IF SOMEONE ELSE DOES NOT

Question 4

Service K that goes for more than 1 year

Answer 4

if it can’t be completed in 1 year then it’s in the SOF

Question 5

Even if performance takes short time but K is for longer…

Answer 5

IT’S IN THE SOF.

Question 6

task (nothing said about time)

Answer 6

SOF does not apply - NEVER A SOF problem.

Question 7

P claims that D hired him on JAn 15 to cut all of the trees on D’s land– SOF?

Answer 7

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

Question 8

LIfetime contract ?

Answer 8

SOF Doesn’t apply

Question 9

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?

Answer 9

NO. This K is CAPABLE of being performed in a year….she might not live past 1 year. THIS MAKES NO SENSE.

Question 10

transfer of interest in real estate of a term of more than a Year

Answer 10

YES

Question 11

P claims D agreed to build a house on Blackacre. SOF?

Answer 11

No. no transfer.

Question 12

P claims that D agreed to sell Blackacre for $400 - SOF?

Answer 12

Duh, obvi.

Question 13

P claims D agreed to sell an EASEMENT for $400 for two years

Answer 13

YES. Interest in land is all it needs.

Question 14

P claims D agreed to LEASE blackacre for one year. SOF?

Answer 14

NO. Must be more than 1 year

Question 15

Sale of Goods of $500 or more - SOF?

Answer 15

YES

Question 16

BG says C agreed to sell Cadillac for $500 - SOF?

Answer 16

Yes.

Question 17

BG says C agreed to sell Cadillax for $400 - SOF?

Answer 17

NO Statute of Frauds. But UCC WILL STILL APPLY.

Question 18

How is Statute of Frauds satisfied?

Answer 18

1. Performance

2. Writing

Question 19

If SOF satisfied, is there a defense?

Answer 19

NO.

Question 20

Performance of SOF - service K

Answer 20

full performance by either party satisfies SOF

Question 21

what about part performance for SOF?

Answer 21

SOF problem - there is no SOF defense, therefore you can’t recover against the guy who backed out.

Question 22

Any other remedies on part performance SOF?

Answer 22

Quasi-contract and RESTITUTION for the benefit gained. Unjust enrichment of defendant.

Question 23

Goods and Satisyfing the SOF

Answer 23

can also satisfy SOF

Question 24

Ordinary Goods

Answer 24

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.

Question 25

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?

Answer 25

NO. Part performance of delivered goods satisfies the SOF.

Question 26

What about the UNDELIVERED goods? S have a SOF defense?

Answer 26

YES. 14k widgets will have a SOF defense so that P can get her money back.

Question 27

EXCEPTION - Manufactured Goods exception (Custom goods)

Answer 27

if the K for sale of goods that are to be specially manufactured (customized) SOF satisfied as soon as 1. seller makes SUBSTANTIAL beginning.

Question 28

Part Performance in Real estate

Answer 28

1. payment (full or close to full) 2. possession 3. improvements TWO OUT OF THREE

Question 29

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?

Answer 29

YES.

Question 30

What about FULL payment of real estate and SOF?

Answer 30

NO. YOU NEED TWO OUT OF THREE.

Question 31

Adequacy of writing for SOF

Answer 31

ALL MATERIAL TERMS TEST 1. who is the deal BETWEEN 2. what is the deal about (terms) 3. D's signature - party to be charged.

Question 32

PARTY CHARGED???

Answer 32

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

Question 33

UCC Statute of frauds

Answer 33

Look to the contents of the writing, and who signed the writing - must have quantity specified.

Question 34

Answer the damn letter exception to signature of D.

Answer 34

UCC permits exception if you don't respond: 1. merchants 2. D receives confirmation w/ quantity 3. 10 days after receipt SATISFIED

Question 35

Judicial Admissions Rule - UCC Art 2 - applied by analogy to common law

Answer 35

1. statement by D | 2. acknowledging the agreement

Question 36

Where would you find Judicial Admissions

Answer 36

pleadings, testimony, discovery

Question 37

Why is SOF satisfied with Judicial Admissions?

Answer 37

Because it's a signed, sworn statement that clears up fraud.

Question 38

Authorization to enter into K for someone else - Equal Dignity Rule

Answer 38

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

Question 39

Meg Ryan wants an apartment in Seattle for 3 months. C is authorized orally. SOF needed?

Answer 39

NO.

Question 40

Same Meg Ryan hypo but for 2 years?

Answer 40

YES - equal dignity rule requires that it be in writing because the underlying K is SOF needs to be in writing.

Question 41

Contract modification - when is there a legal requirement of a written evidence of a K modification?

Answer 41

1. look at new deal with chafe 2. is deal w/i SOF? 3. If so then YES

Question 42

Change to 3 year lease v. Change to 1 year lease

Answer 42

Yes to 3 year v. NO to 1 year