Exam 15: The Statute of Frauds

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There are no exceptions to the Statute of Frauds.

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Clay buys an MP3 player for $200 and a pair of stereo speakers for $600 from a Discount City store,and downloads $300 worth of digital music from E-Music.com.To be enforceable,the contract that must be in writing is the purchase of

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Fact Pattern 15-A1 (Questions A13-A14 apply) Macro Marketing,Inc.,and National Food Corporation (NFC)discuss the terms of a contract.Macro then faxes NFC a memo on Macro's letterhead that summarizes the items on which they agreed,including a two-year term.Macro begins to perform,but NFC refuses to pay.Macro files a suit to collect.NFC claims that there is no contract. -Refer to Fact Pattern 15-A1.The transaction between Macro and NFC falls within the Statute of Frauds'

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Fact Pattern 15-A2 (Questions A17-A18 apply) Radford and Serenity sign a written contract for the sale of Rad's Coffee & Bagels business to Serenity.The parties intend their written contract to be a final statement of the terms of their agreement. -Refer to Fact Pattern 15-A2.The writing that Radford and Serenity signed is

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Kirk Custodial Service and Green Energy Company enter into an oral contract under which Kirk agrees to provide custodial service for Green's facilities for two years.This contract is en?forceable by

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An oral con?tract for a transfer of an interest in land is never enforceable.

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Grandiloquent Properties,Inc.,and Investment Capital Corporation enter into a con?tract for a sale of land.To be enforceable,the contract must be in writing if the land is valued at

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Steve agrees to assume a debt of Thumb Grippers Company to Main Street Bank.The agreement is not in writing.To be enforceable,the promise must be for the benefit of

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Timber Farms,Inc.,and Wood Products Corporation enter into an oral contract for the sale of a lumber mill and the land on which it is situated from Timber to Wood.Under the Statute of Frauds,this contract is enforceable by

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Parol evidence includes testimony of communications between the parties that is not contained in the contract itself.

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Evidence of prior agreements that differ from the written terms of a con?tract can be introduced in court to alter the contract.

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Garden & Yard Landscaping and Penelope enter into an oral contract under which she agrees to work on a Garden & Yard project on Valley Country Club's golf course for sixteen months.This con?tract is enforceable by

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A contract may have to be in writing to be enforceable even if its performance is possible within a year.

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To be enforceable,a contract for a sale of goods priced at $50 or more must be in writing.

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Fact Pattern 15-A2 (Questions A17-A18 apply) Radford and Serenity sign a written contract for the sale of Rad's Coffee & Bagels business to Serenity.The parties intend their written contract to be a final statement of the terms of their agreement. -Refer to Fact Pattern 15-A2.Serenity later disputes some of the provisions in the deal with Radford.If the dispute results in litigation,a court will most likely exclude evidence that

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Downspout Drainage Company hires Earl to design a Web page for Downspout for $400.Before the project is started,Downspout asks Earl to trouble-shoot Downspout's computer operating system software for an additional $400.Earl agrees.The en?tire contract is oral.Earl completes the work,but Downspout refuses to pay.Earl files a suit against Downspout,which raises the Statute of Frauds as a de?fense.Can Earl recover from Downspout? If so,how much,and on what basis?

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Niche Credit,Inc.,is one of Cut-Rite Notching Corporation's two major creditors.Niche guarantees Cut-Rite's debt to the firm's other major creditor,Manufacturers Capital Bank,to forestall litigation.To be enforce?able,this guarantee

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Ginamarie files a suit against Gaming Innovators Unlimited,Inc.,to enforce a written con?tract between the parties.If the court finds that the parties intended the contract to be the final statement of their agreement,parol evidence can be admitted to prove

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A contract that by its own terms cannot be performed within a year must be in writing to be enforceable.

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A contract must be in writing to be enforceable if performance is impossi?ble within one year.

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