Exam 15: The Statute of Fraudswriting Requirements

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Fine Services Company and Great Distributors, Inc., sign a writ?ten con?tract that does not involve a sale of goods. To be enforceable, this written contract must include

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Delta Company hires Earl to design a We

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Yes, Earl can recover from Delta for Delta's breach of their oral contract. An oral contract is enforceable unless it falls within the Statute of Frauds. In that situation, it may not be enforced unless it is evi?denced by a writing that sufficiently evidences the contract and that has been signed by the party against whom enforcement is sought. Contracts that come under the Statute of Frauds include contracts for transfers of interests in land, contracts that cannot be performed within a year of their making, contracts in consideration of marriage, contracts that in?volve collateral promises, and contracts for sales of goods priced at $500 or more. The original contract in this question (for the design of a We

No collateral promise needs to be in writing to be enforceable.

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Fact Pattern 15-B1 Odell and Pete sign a contract for the sale of Odell's Pizza Parlor to Pete. 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 Pete will negotiate a final price. -Refer to Fact Pattern 15-B1. The writing that Odell and Pete signed is

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Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain

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Fact Pattern 15-A2 Jeff and Kris sign a written contract for the sale of Jeff's Koffee Kiosk to Kris. The parties intend their written contract to be a final statement of the terms of their agreement. -Refer to Fact Pattern 15-A2. Kris later disputes some of the provisions of the deal with Jeff. If the dispute results in litigation, a court will most likely exclude evidence that

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General Contractors (GC) and Holly enter into an oral contract under which Holly agrees to work on a GC project for sixteen months. This con?tract is enforceable by

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If a contract to do something in certain intervals over a period of less than one year is not in writing, it is not enforceable.

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Lyra induces Moe to enter into a contract for the sale of an apartment about which Lyra fraudulently misrepresents a number of material facts. Lyra tells Moe that her commission is 6 percent, but their signed, written contract states "12 percent." The Statute of Frauds governs

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A contract does not need to be in writing to be enforceable if it makes per?formance possible within any definite period of time.

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An oral contract for a sale of land cannot be enforced even if the contract has been partially per?formed.

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Ed and First Star Company enter into an oral contract under which Ed agrees to pro?vide delivery service for First Star for nine months. This con?tract is enforceable by

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Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms.

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A written con?tract for a transfer of land is enforceable.

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To be enforceable, a memorandum evidencing an oral contract that would otherwise be unenforceable must include all essential terms.

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An oral contract for a sale of land may be enforceable if the contract has been partially per?formed.

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An oral contract that must be in writing to be enforceable is not enforce?able unless the parties to it admit to its existence in court.

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A contract for a sale of goods does not need to be in writing to be enforceable.

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Allied Corporation in Boston offers a job to Carol, who lives in Denver. Carol orally agrees to work for Allied for two years. She moves her family to Boston and begins work. Three months later, she is fired for no stated cause. She files a suit against Allied for rein?statement or pay. Allied pleads the lack of a written con?tract. In whose favor is the court likely to rule, and why?

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To be enforceable, a contract for a sale of goods priced at $50 or more must be in writing.

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