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Unformatted text preview: rest in land: mortgages and leases.
Statute of Frauds operates as a defense to the enforcement of an oral contract for the sale of land. The One-Year Rule
The A contract that cannot, by its own terms, be performed within one year from the date it was formed must be in writing to be enforceable.
Oneyear period begins to run the day after the contract is made. Test: Whether performance is possible (although unlikely) within one year.
Even if performance takes longer than one year, oral contract is binding as long as performance was possible in less than a year. Collateral Promises
Collateral A collateral promise is ancillary to a principal transaction or primary contractual relationship. Primary v. Secondary Obligations
“Main Purpose Rule” Exception Promises Made in
Consideration of Marriage
Consideration Prenuptial agreements must be in writing and signed to be enforceable.
Contracts must be supported by some consideration to be enforceable.
Prenuptial agreements may not be enforceable if the agreement is not voluntary. Contracts for the Sale of Goods
Contracts UCC requires a writing or memorandum for the sale of goods priced at $500 or more. Exceptions to the Applicability of
the Statute of Frauds
the Partial Performance
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This note was uploaded on 12/11/2013 for the course BLAW 2361 taught by Professor Bible during the Fall '08 term at Texas State.
- Fall '08