Statute of Frauds Flashcards
Marriage
contracts in consideration of marriage must be SOF (not promise to marry)
Year
contract which cannot posibly be completed in a year or less (look for dates!)
Doesn’t matter if performance took more than a year so long as could theoretically be done in a year
LIFE TIME K NOT SUBJECT TO SOF (COULD DIE IN 1 YEAR). MUST SEE DATES
land sale
most transfers of interest in land over a year must be in writing (leases, easement, etc)
executor
promsies by an exectuor of an estate to pay the estate’s debts from some other source of funds/out of his own pocket are within sof
goods
more than $500
surety
a proimse to answer for (guarantee) the debt of another
NOT A MERE PROMISE TO PAY
nmodifications
modifications must only be in writing if origianl must be in writing
CLAW - can’t agree no oral modificaitons
What is an adequate writing
Art 2 - must contain QUANTITY, signed by teh party to be charged with breach
CLAW - must have all material terms and signed by the D
exceptions to SFO
Land sale
- lease of 1 year or less
- part performance NEED 2/3 - (1) some payment, (2) possession and/or (3) improvement
service K - full performance (not partial)
sale of goods for $500+
1. goods accepted or paid for by buyer. Seller has to accept the goods paid for but has a SOF defense for the ones not paid for
2. if you cannot apportion the goods (e.g. a boat) then the whole contract has SOF defense.
3. custom made goods
4. judicial admission - admit under oath that you had a deal defeats SOF
5. merchant confirmatory memo - one party can use its own signeed writing to satisfy the SOF agains tht eother party if: (1) both parties were merchants, (2) writing claims agreement and has quanity, and (3) there’s no written objeciton in 10 days.
EXAM - look for agree over phone and one confirm
surety - main purpose must be the guarantee which takes it out of SOF
