Statutes of Frauds

Question 1

Ehrlich v. Diggs

Answer 1

If a contract can possibly be performed in less than one year then it is exempt from the statutes of frauds (however, be aware of the state statute as they are interpreted differently state to state)

The One-Year Provision

Question 2

Crabtree v. Elizabeth Arden Sales

Answer 2

Absent an explicit agreement to complete the performance over the course of one or more years, extrinsic evidence of multiple writings signed by the person to be charged may be introduced to determine whether a contract is barred by the statutes of frauds.

The Memorandum

Question 3

McIntosh v. Murphy

Answer 3

The contract should be enforced if the promise reasonably induced action and injustice can be avoided by the enforcement of the contract (weekends off…)

Effect of full or part performance

Question 4

Cohn v. Fisher

Answer 4

Under UCC § 2-201 a contract is not enforceable unless there is a writing
1. Sufficient to indicate a contract has ben made
2. It is signed by the party against whom enforcement is sought

Statutes of Frauds and Sales of Goods