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Notes- Chapter 15

Notes- Chapter 15 - Chapter 15 Notes The Statute of...

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Chapter 15 Notes- The Statute of Frauds—Writing Requirement Some contracts are required to be in writing to be considered enforceable. It doesn’t mean that the agreement has to be a formal written contract. It could exist as an email exchange. Statute of Frauds- Law that states that some contracts must be in writing. Parol evidence rule- when the courts will not accept outside sources of evidence that contradict the written evidence. The Origins of the Statute of Frauds At very early common law, parties of a contract were not allowed to testify, so 3 rd party witnesses were used. However, there were problems with this, the a statute was passed. This statute basically stated that some contracts had to be in writing in order for them to be enforced. Today all, all states require that certain contracts be in writing or evidenced by some written memorandum that is signed by the party whom the contract is aimed at, unless certain exceptions apply. Contracts That Fall within the Statute of Frauds 1. Contracts that involve Land a. Land is a real property b. The Statute of Frauds operates as a defense to the enforcement of an oral contract for
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