Exam 15: The Statute of Frauds

Elle buys a new textbook for $100 and a used car for $5,000, and signs a one-year lease for an apartment for $1,000 monthly rent to start at the beginning of the next month. The Statute of Frauds covers

An oral contract that must be in writing to be enforceable is not enforceable even if the parties admit to its existence in court.

The Statute of Frauds requires that statutes must be in writing.

Fact Pattern 15-A1 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. Between Macro and NFC, there is

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 entire 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 defense. Can Earl recover from Downspout If so, how much, and on what basis

An oral contract for a sale of land may be enforceable if the contract has been partially performed.

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

All collateral promises must be in writing to be enforceable.

A contract must be in writing to be enforceable if performance is impossible within one year.

Oral evidence to "fill in the gaps" of a contract with incomplete terms can be introduced at a trial.

Nori files a suit against Mica to enforce an oral contract that would otherwise be unenforceable under the Statute of Frauds. The court could enforce such a contract if

An integrated contract is a contract with more than one subject or part.

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

A contract involving a lease is the only contract relating to an interest in land that must be in writing to be enforceable.

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 contract is enforceable by

Under the Statute of Frauds, any contract that is not in writing is void.

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

Pablo and Melia enter into an oral contract for Pablo's sale to Melia of a laptop computer for $400. Assuming the terms can be proved, the contract is enforceable by

A party's oral agreement to pay another's debt is never enforceable.

Fact Pattern 15-A2 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