Statute Of Frauds (MYLEGS)

Question 1

What must happen for SOF to even take place

Answer 1

(Must have)
1. Contract must be in writing (memorandum/note) and
2. Signed by the person to be charged (defendant/person who is using SOF as a defense) with promise or agreement (or by guardian)
- must contain all essential terms
- must be complete in every material detail
and
3. Goods priced at $500 or more and
4. A contract not performable in one year
-Exception: if a contract is for an indefinite period, no writing
- Exception: if agreement for someone’s lifetime, no writing (because someone can die in one year)

(Not apply)
5. No oral contracts unless defendant’s fraud prevented the necessary writing
5. Not applicable to fully executed contracts

Question 2

Marriage

Answer 2

Trigger
-Prenup agreements
- in Texas: Engagement rings

These triggers need to be in writing and the person being charged (defendant) needs to sign

Note: the marriage contract itself does not trigger SOF

Question 3

Land

Answer 3

Must specify land
-location
-size
(Continue on, I’m not finished)