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blawfinalnotes - 1 Ch. 15 Statute of Frauds If contract...

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Ch. 15 Statute of Frauds If contract isn’t required to be in writing it’s outside the Statute of Frauds If contract is required to be in writing it’s in the Statute of Frauds Suretyship Provision Applies to promises to pay the debts of others Ex: “If John doesn’t pay, I will pay.” o I’m the surety, secondarily liable Has to be in writing to be enforceable Case 15-1 Carter v. Allstate Insurance Company – Original Promise On summary judgment: plaintiff appeals Allstate takes position that they’re sureties Carter says Allstate isn’t a surety, they’re a primary responsible party due to his monthly payments to the insurance company Court had to determine if Allstate was a surety or primary promisor o Court said they were a primary promisor o Therefore, verbal agreement was enough to make enforceable Exception to Suretyship When surety comes in to benefit economically, then no writing is necessary Ex: surety issues letter of guarantee to suppliers, that he’ll pay when…? Also “main purpose” or “verifiability object” Executor-Administrator Provision Applies to promises to answer personally for duties of decedents Must be in writing to be enforceable Marriage Provision Any type of agreement that affects marital arrangements must be in writing to be enforceable In L.A. has to be in writing and doesn’t need court approval if done before marriage Needs court approval/blessing if after marriage has occurred Land Contract Provision Must be in writing to be enforceable Applies to promises to transfer any rights, privileges, powers, or immunities in real property One-Year Provision Contracts that can’t be performed in one year must be in writing to be enforceable When considering 1-year rule: 1) you must look at the date it was formed, not the performance date; and 2) determine if it needs to be in writing If one party has fully performed and one-year rule is in question, the courts will enforce the promise 1
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Case 15-2 Iacono v. Lyons – One Year Provision Defendant is moving for summary judgment: that it’s unenforceable due to Statute of Frauds and one-year provision Plaintiff said since it wasn’t in writing and payments were to occur over 20 years Defendants argued that if winnings were less then it could be possible to perform in one year (possibility test) Summary judgment is reversed and remanded back to trial court by the appellate court (typically leads to a settlement) Sale of Goods A contract for the sale of goods for the price of $500 or more must be evidenced by a writing or record to be enforceable Exceptions: 1) an admission in pleadings, testimony, or otherwise in court makes the contract enforceable for the quantity of goods admitted; and 2) an oral contract for specially manufactured goods is enforceable Modification or Rescission of Contracts within the Statute of Frauds Resultant contract (6 months-2years) must be in writing to be enforceable
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This note was uploaded on 09/13/2011 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.

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blawfinalnotes - 1 Ch. 15 Statute of Frauds If contract...

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