Exam 15: The Statute of Fraudswriting Requirement

Under the Statute of Frauds,all contracts must be in writing to be enforceable.

Don and Etta orally agree on the sale of Don's Electrical Supplies Company to Etta and jot down the terms on the back of one of Don's blank invoices,which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain

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

Evidence of prioragreements that differ from the written terms of a con-tract can be introduced in court to alter the contract.

Wild Rides Park owes both RollercoasterRepair,Inc. and Hot Dog Harry money. RollercoasterRepair orally agrees to assume Wild Rides's debt to Hot Dog Harry to prevent Hot Dog Harry from filing suit against Wild Rides. This contract is enforceable by

A contract that is oral when it is required to be in writing is normally void.

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW's Living Opportunities Center for eighteen months. This contract is enforceable by

If a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made,the contract will be enforceable.

Physicians Clinic orders by phone seven boxes of single-use latex gloves from Quality Medical Supplies,Inc. After three boxes are delivered and accepted,Physicians Clinic repudiates the contract. Quality Medical can enforce the contract to

Odell and Paula sign a contract for the sale of Odell's Pub & Grub Café to Paula. The parties intend their written contract to be a final statement of most,but not all,of the terms of their agreement-Odell must first buy the building from Quin,after which Odell and Paula will negotiate a final price. -Refer to Fact Pattern 15-3. The writing that Odell and Paula signed is a contract that is

Every state has a statute that stipulates what types of contracts must be in writing.

Millet Grains Cooperative and Corn Cereals,Inc.,discuss the terms of a contract for periodic deliveries of corn. Millet Grains then faxes Corn Cereals a memo on Millet Grains's letterhead that summarizes the points on which they agreed,including a two-year term. Millet Grains begins to perform,and Corn Cereals accepts the deliveries but refuses to pay. -Refer to Fact Pattern 15-1.Between Millet Grains and Corn Cereals,this contract is most likely enforceable against

A written contract for a transfer of land is usually enforceable.

An oral contract may be enforceable if there is no way to avoid injustice except to enforce the promise.

Parol evidence includes testimony about communications between the parties that are not contained in the contract itself.

A party's oral agreement to pay another's debt is never enforceable.

In a transaction for the sale of a warehouse,Standard Storage Company tells TriCounty Investment Corporation that the office furniture is included. The contract says nothing about office furniture,but does state,"This document supersedes all oral promises relating to the sale." Is the furniture part of the sale? Why or why not?

To be enforceable,a contract for a sale of goods priced at $500 or more should be in writing.

Grant and Hester enter into a con-tract for a sale of Hester's Pastoral Valley Orchard.This contract

Under the Statute of Frauds,physical objects that are permanently attached to land,such as buildings,growing crops,and minerals,are treated as real property.