Exam 16: The Writing Requirement in Our Digital World

Fact Pattern 16-1 Grain Co-op, LLC and Hearty Cereals, Inc., discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay. -Refer to Fact Pattern 16-1. The transaction between Grain and Hearty falls within the provision of the Statute of Frauds involving

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

Most nations do not require contracts to be in writing to be enforceable.

Daredevil Rides Inc. owes debts to Equipment Repair Company and Food Supplies, Inc. Equipment orally agrees to assume Daredevil's debt to Food to prevent the concessionaire from filing a suit against Daredevil. This agreement is enforceable by

Ranchland Properties and Prairie State Investments sign a written contract for a sale of land. In some states, to be enforceable, this contract must include

An agreement subject to a writing requirement must necessarily be written on paper.

Marketing, Inc., and Nature's Foods Corporation (NFC) discuss a contract. They exchange "signed" e-mails that summarize the terms on which they agree. Marketing begins to perform, but Nature's refuses to pay. Between Marketing and Nature's, the e-mails are

A contract involving interests in property of any kind must be in writing to be enforceable.

A contract in which a party assumes a primary obligation normally must be in writing to be enforceable.

In an exchange of e-mails, Rob, a landlord, and Sam agree to a lease of a certain apartment for one year. Under the Statute of Frauds, this lease is enforceable provided

primary obligation is a promise to pay another's debt only if that party fails to pay.​

Fact Pattern 16-2 Charlie and Dill sign a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement. -Refer to Fact Pattern 16-2. Later Dill disputes some of the provisions in the deal with Charlie. If the dispute results in litigation, a court will most likely exclude evidence that​