Statute of Frauds

Statute of Frauds - Statute of Frauds 1. Is the contract...

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Statute of Frauds 1. Is the contract one that requires writing? 2. If so, is the writing sufficient? 3. If not, was there an exception of part performance or reliance? Six Main Types : 1. Wills 2. promise to pay debt of another 3. marriage 4. land 5. contract that cannot be performed within 1 year 6. goods more than $500 (revised $5,000) 7. securities 8. personal property greater than $5,000 Writing : 1. identifies the subject of the K 2. indicates that a K has been made or offered by the signer 3. states essential terms with reasonable certainty 4. is signed by the party to be charged § 132 Several Writings – the memorandum may consist of several writings if one of the writings is signed and the writings in the circumstances clearly indicate that they relate to the same transaction ( Crabtree approach). § 136 : a sufficient memorandum may be made before or after the contract is formed. *Narrow Approach – there must be a reference in the signed writing to the unsigned writings . *Broad Approach – signed and unsigned papers must refer to the same subject matter or transaction (Restatement § 132, Crabtree ). Lifetime or permanent employment not subject to statute of frauds.
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Statute of Frauds - Statute of Frauds 1. Is the contract...

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