Themis Essay 824

Question 1

Contracts that fall under the requirements of the Statute of Frauds are contracts for:

Answer 1

(i) Marriage - Ks for which marriage is the consideration;
(ii) Year - Ks which cannot be completed in one year;
(iii) Land - land sale contracts;
(iv) Executor - promise to pay an estate’s debts;
(v) Guarantor - surety K; and
(vi) Sale of Goods - Ks for sale of goods of $500 or more.

[use mnemonic “MY LEGS”]

Question 2

The Statute of Frauds prevents the enforcement of

Answer 2

a parol contract to convey land by will in an action at law.

Question 3

When one party confers a benefit and has a reasonable expectation of compensation, a court may allow restitutionary recovery if:

Answer 3

(i) the plaintiff has conferred a measurable benefit on the defendant;
(ii) the plaintiff acted without gratuitous intent; and
(iii) it would be unfair to let the defendant retain the benefit because the defendant had an opportunity to decline the benefits but knowingly accepted it.

Question 4

In Virginia, a claim for quantum meruit arises when

Answer 4

one party requests a service to be performed by the other, but there was insufficient discussion of the terms to create an express contract.

Question 5

In cases where quantum meruit applies, the law implies

Answer 5

the existence of a contract, and the performing party can seek reasonable compensation for the services provided.