A writing to satisfy the statute of frauds can

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Cengage Advantage Books: Foundations of the Legal Environment of Business
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Chapter 5 / Exercise 7
Cengage Advantage Books: Foundations of the Legal Environment of Business
Jennings
Expert Verified
A writing to satisfy the Statute of Frauds can consist of any order confirmation or otherdocument, alone or in combination with other items, in hard copy or electronic copy, includinge-mail. The item or items need only contain the essential terms of the contract to bind bothparties to the writing. This includes the names of the parties, the subject matter, theconsideration, and the quantity, and in the case of a contract involving an interest in land, thelocation, price, and description of the property. The party against whom enforcement is sought
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Cengage Advantage Books: Foundations of the Legal Environment of Business
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Chapter 5 / Exercise 7
Cengage Advantage Books: Foundations of the Legal Environment of Business
Jennings
Expert Verified
must have signed the writing. An electronic signature, such as a party’s name typed at thebottom of an e-mail note, satisfies the signature requirement.In this problem, the e-mails between the parties included messages sent under the landlord’sname. Among those messages was a copy of the agreement to pay Newmark’s commission witha demand to pay the amount in installments. Newmark e-mailed a revised version of theagreement that set out all of the essential terms to the landlord, who accepted it. This met therequirements of a writing under the Statute of Frauds. Thus, Newmark was entitled to thepayment of its commission.In the actual case on which this problem is based, the landlord did not pay the commission. InNewmark’s later suit to collect, a court ordered the landlord to pay the broker.

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