Types of Ks within S.O.F.

Question 1

What is the effect of the death of a party to a contract?

Answer 1

While the death of an offeror while an offer is pending generally terminates the offer, the death of a party to a contract does not terminate that party’s contractual obligations unless:

i) the contract specifies otherwise or
ii) the party’s obligation involved the performance of personal services that only the party could have rendered.

Question 2

Under the SOF, is an oral contract made in consideration of marriage unenforceable?

Answer 2

Under the Statute of Frauds, an oral contract made in consideration of marriage is unenforceable.

• However, a K in which marriage is a condition for the performance of an obligation does not fall within the SOF.
  
  • There is no general rule that prohibits marriage from being a condition to the performance of contractual duties.