Flashcards in Chapter 16 Deck (37):
English parliament passed " an act for the prevention of frauds and perjuries" the act provides that----
Certain types of contracts, to be enforceable had to be evidenced by writing and signed by the party whom the contract is being unforced against
Statues of frauds vary from state to state although they are all based on the English act.
True or false
The party or parts whom the contract is being i forces against must have signed the contract. This is true in all states
True or false
The statute of frauds is misleading because it does not apply to fraud, rather is denies------
Enforceability to certain contracts that do not comply with its writing requirements.
A contract that is oral when it is required to be in writing is normally voidable by a party who later does not wish to fallow through with the agreement.
True or false
Five types of contracts that need to be in writing or evidenced by a written memorandum or electronic record.
1. Involving an interest in land
2. Contracts that Connot be preformed within a year
3. Collateral, or secondary, contracts, such as promises to answer for the debt of another
4. Promises made in consideration of marriage
5. Under UCC contracts for the sale of goods priced at $500 dollars or more
Real property that includes all physical objects that are perminatly attached to the soil, such as buildings, fences, trees, and the soil itself.
Operates to a defense to the enforcement of an oral contract for the sale of land
The statute of Frauds
Statue of frauds also deals with other interests in land such as
Mortgage agreements, and leases
For a land contract to be unforced, the contract must state
The description of the property being transferred with sufficient certainty for it to be identified
Contracts that by their own terms cannot be completed within one year.
The year begins when?
The day after the contract is formed
The test for determining whether an oral contract is enforceable under the one year rule is wether an oral contract is enforceable under the one- year rule is
Wether performance is possible within one year, it does not mater wether it is likely to be preformed during that year
If the contract is possible within one year it does not fall under
The statute of frauds and need not be in writing to be enforceable
Does an oral contract for lifetime employment fall under statute of frauds
No * a person can die within one year* therefore the contract could possible be preformed with a year
A collateral promise is
Ancillary ( subsidiary) to a principal transaction or primary contractual relationship and must be in writing
A primary obligation is
A third parties promise to pay another debt, that is not conditioned on the persons failure to pay
As a general rule a contract in which a party assumes a primary obligation does ---
Not need to be in writing to be enforceable
Every state has a statute that stipulates what types of contracts must be in writing.
Such as statute is referred to as ----
Statute of frauds
A secondary obligation is
A promise to pay anothers debt only if that party fails to pay
A secondary obligation/ collateral promise must be-- to be enforceable
The main purpose rule
An oral promise to answer for the debt of another unless the guarantors main purpose in incurring a secondary obligation is to secure a personal benefit
Promises made in consideration of marriage
Are covered by statute of frauds.
Anti up etc.
Contracts for the sale of goods.
Goods over 500 dollars are covered by statute of frauds and must be in writing.
A contract for the sale of goods exceeding 500 dollars will not be enforceable for what quantity
Any quantity greater that stated in the contract
Exeptions to the writing requirement
3. Promissory estoppel
4. Special exceptions under the UCC
Courts may grant specific preformance of an oral contract to transfer an interest in land that has been partially preformed
The stipulations are
Purchaser has paid part of the price, taken possession of the property and made permanent improvements to it
Wether a court will enforce an oral contract usually is based upon
The degree of harm that would be suffered of the court chose not to enforce the oral contract
Under the UCC an oral contact for goods is enforceable to the extent that a seller
Or a buyer
Seller accepts payment
Buyer accepts delivery of goods
The party who the oral contract is being enforced against admits there was a contract under oath.
Can take place at any point in proceedings-deposition- pleading etc.
A court will enforce an oral contract only to the extent---
That is was admitted
If a person justifiably relies on anothers promise to his or her detriment a court may prevent the promisor from denying that a contract exists
Special exceptions under the UCC include
Oral contracts between merchants that have been confirmed in a written memorandum
What constitutes a writing
Invoice, sales slip, check, fax or email or a combination of such items
If a court finds that a written and complete contract represents the complete and final statement of the party's agreement it will not allow either party to present -----
Parol evidence is
Testimony or other evidence of communications between the parties that is not contained in the contract itself
A collateral promise and a secondary obligation are the same?