Exam 15: B: The Statute of Frauds

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Fact Pattern 15-A1 Macro Marketing,Inc. ,and National Food Corporation (NFC)discuss the terms of a contract.Macro then faxes NFC a memo on Macro's letterhead that summarizes the items on which they agreed,including a two-year term.Macro begins to perform,but NFC refuses to pay.Macro files a suit to collect.NFC claims that there is no contract. -Refer to Fact Pattern 15-A1.Between Macro and NFC,there is

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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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Pablo and Melia enter into an oral contract for Pablo's sale to Melia of a laptop computer for $400.Assuming the terms can be proved,the con?tract is enforceable by

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A

Fact Pattern 15-A2 Radford and Serenity sign a written contract for the sale of Rad's Coffee & Bagels business to Serenity.The parties intend their written contract to be a final statement of the terms of their agreement. -Refer to Fact Pattern 15-A2.The writing that Radford and Serenity signed is

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Under the Statute of Frauds,any contract that is not in writing is void.

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

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A contract may have to be in writing to be enforceable even if its performance is possible within a year.

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Timber Farms,Inc. ,and Wood Products Corporation enter into an oral contract for the sale of a lumber mill and the land on which it is situated from Timber to Wood.Under the Statute of Frauds,this contract is enforceable by

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

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

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Steve agrees to assume a debt of Thumb Grippers Company to Main Street Bank.The agreement is not in writing.To be enforceable,the promise must be for the benefit of

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Grandiloquent Properties,Inc. ,and Investment Capital Corporation enter into a con?tract for a sale of land.To be enforceable,the contract must be in writing if the land is valued at

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Elle buys a new textbook for $100 and a used car for $5,000,and signs a one-year lease for an apartment for $1,000 monthly rent to start at the beginning of the next month.The Statute of Frauds covers

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An oral con?tract for a transfer of an interest in land is never enforceable.

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A contract involving a lease is the only contract relating to an interest in land that must be in writing to be enforceable.

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Kirk Custodial Service and Green Energy Company enter into an oral contract under which Kirk agrees to provide custodial service for Green's facilities for two years.This contract is en?forceable by

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

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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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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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Oral evidence to "fill in the gaps" of a contract with incomplete terms can be introduced at a trial.

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