property

Question 1

how to answer a statue of frauds issue for land sale contracts

Answer 1

If you see an oral contract for the sale of land on an essay question and you think the doctrine of part performance may apply, don’t forget to state the general rule first.

Start your answer by stating that the Statute of Frauds requires contracts for the sale of land be evidenced by a writing and signed by the party being sued.

Then state that, here, the contract is oral and won’t be enforceable unless it falls within an exception to the statute.

And finally, state your part performance rule and analysis.