Exam 9: The Requirement of Writing

George owes Michael Moneybags $1000.Susan,George's sister,goes to Michael Moneybags and makes this statement: "If my brother is unable to pay,I shall make payment." Susan's statement is

Use the fact situation in Q15 to answer the related question that follows. Review Fact Situations 1 and 2.What is the difference between them?

What are the essential elements of a written memorandum?

It is good business practice of have a written record of a contract because

When we say that a contract is unenforceable under the Statute of Frauds,we mean that there never was a contract at all.

A guarantee to be enforceable must be in writing; however,a promise of indemnity does not have to be in writing to be enforceable.

Distinguish between a promise of guarantee and a promise of indemnity.

What is the doctrine of part performance?

Explain how an oral contract that is unenforceable because it is not in writing,may still affect the relationship between the parties.

Use these fact situations to answer the related questions that follow. Fact Situation 1: John is the 20-year-old nephew of Mary,who is 80 years of age and unable to get around or do things herself.Mary owns two properties in Toronto: 121 Thornton Lane and 122 Thornton Lane.Mary,who lives at 121 Thornton Lane,orally agrees with John that if he is good to her and does whatever services for her that she asks him to do from time to time during the rest of her life,she will leave John 121 Thornton Lane.John does not live with Mary,but does a number of things that Mary asks him to do,including taking her on trips,doing some errands,and also doing some odd jobs for both properties over the course of a year,after which Mary dies without leaving John 121 Thornton Lane.Now John sues her estate to get the house. Fact Situation 2: In 1921 Gus met Dick,and in the spring of 1922 Gus went to work for Dick as a farm labourer.For the first two years after that,Gus was paid $50.00 a month,plus room and board and meals.In 1924,Dick was in an accident and became disabled.Although Dick could not pay Gus wages,he promised to leave Gus his farm after he died if Gus stayed and worked the land.From 1924 on,Gus,who often considered leaving Dick's farm and had ample opportunity to do so,stayed and worked the farm on Dick's continued promise that if he stayed and worked the farm,the farm would be his after Dick's death.During this time Gus planted the fields,decided on what crops to plant,did repairs to Dick's house,and on Dick's behalf purchased livestock and then took care of it.Dick died in 1930 before he had a chance to make a will leaving Gus the land. In Fact Situation 1,if John sues Mary's estate to get the house,

Why would the Statute of Frauds apply to an agreement to lease an apartment but not to a contract to renovate an apartment?

The doctrine of part performance as it relates to the Statute of Frauds means that

A enters into an oral contract under which A is to sell his land to B,and B gives A a deposit of $100 000.00.B now changes his mind and wants his deposit back from A.In an action by B to recover the deposit,

When dealing with the prohibition in the Statute of Frauds regarding oral contracts not to be performed in a year,which of the following is true?