1L Contracts - Notes - Statute of Fraud.docx - STATUTE OF...

This preview shows page 1 - 3 out of 4 pages.

STATUTE OF FRAUDS PAGE 1 OF 4 Contracts Statute of Frauds GOAL: to prevent the imposition of a contract upon someone who did not agree to be bound to that contract; if there is an admission of a contract, but try to use SoF as defense, court will not agree R2d § 110: contracts that fall within SoF Contract can be properly formed, but SoF can make it unenforceable How it goes down - Π brings breach of k claim; needs to prove there was k - Δ says k was not within SoF - Π can say SoF was satisfied (there is written evidence of a k) OR - Π can say there was an exception to SoF START WITH: 3 questions to ask: 1) Is the contract within the statute? 2) Is there a writing that satisfies the statute? 3)If not, is there an exception to the statute?
STATUTE OF FRAUDSPAGE 2OF 4oMemorandum satisfies 131A writing that evidences a contract; facts indicate a contract has been made or offeredSpecific termsDefinite offereeLanguage Signature by party against whom enforcement is soughtReasonably refers to subject matter of the contractContains all material/essential termsoOne of the writings must be signedoCircumstances indicate that they relate to the same transaction Can use extrinsic/parole evidence to prove the written materials refer to the same transactionEXCEPTIONS because people were using SoF to be relieved from being bound to a contract-Part-performance/relianceoReasonable person would conclude a contract existedo§ 129 ELEMENTSInterest in landSpecific enforcement of the contract[[Detrimental relianceReasonable relianceParty against whom seeking enforcement has assented to actionsUnjust not to enforce]]o§ 139 ELEMENTS [disparity between courts in applying this rule; think it goes too far]

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture