Statute of Frauds

Question 1

What are the functions of the Statute of Frauds?

Answer 1

Channelling, Evidentiary and Cautionary Functions

Question 2

What types of contracts need to be in writing?

Answer 2

MY LEGS:

(1) Marriage
(2) Year; Contracts that cannot be performed within one year. Only if known at the time of contract formation.
(3) Land
(4) Executor-Administrator
(5) Goods > $500
(6) Sureityship Contracts

Question 3

What are the exceptions for sale of goods statute of frauds?

Answer 3

(1) the goods are specially manufactured goods, but only if the seller has already made a substantial beginning in manufacturing the goods or made a commitment to procure the goods by the time the buyer’s repudiation is received; (2) the non-injured party admits in court that the contract was made, and (3) payment has already been made and accepted, or the goods have already been received and accepted. Uniform Commercial Code § 2-201 (3).

Question 4

Is an invoice enough?

Answer 4

Yes. In Cohn v Fisher, an oral agreement to buy a boat was found to be enforceable when there was a check written with the full purchase price and name of the boat.