Swaggy-P: Statutes of Fraud

Fact Pattern 15-B1 (Questions B19-B20 apply) 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.

...

Gia orally promises Heck that she will buy his fishing trawler. For this promise to be enforceable under the doctrine of promissory estoppel

Heck must act in reliance on Gia's promise to his detriment.

Trey and Unice orally agree on the sale of Trey's Health Club to Unice and note the terms on a sheet of the club's stationery, which Trey signs. This agreement is most likely enforceable against

Trey.

Valley Commercial Space, Inc., orally contracts for a lease of its facilities to Willis for the use of his start-up driftboat company. Willis pays part of the price, takes possession, and improves the property for his boatbuilding enterprise. The contract is most likely enforceable by

Valley and Willis.

Refer to Fact Pattern 15-B1. The writing that Odell and Pete signed is

a partially integrated contract.

Vern's Roofing Company and Weatherall Tiles, Inc., sign a written contract for a sale of goods. To be enforceable, this written contract must include

a quantity term, such as "50 pallets" or "100 cartloads."

Nutrition Services, LLC, and Oneida's Catering & Café Supply Company sign a written contract that does not involve a sale of goods. To be enforceable, the writing must include

a statement of the consideration.

Ramon contracts in writing to sell his Little Shop of Bagels to Suni. When Suni discovers that the kitchen equipment has been removed, she files a suit against Ramon. The court decides that the written contract includes everything that the parties intended. An agreement about the kitchen equipment may be admissible if it is

a subsequent modification of the parties' contract.

Vidal files a suit against Spectator Sports World, Inc., to enforce a contract. The only written evidence of the contract is a memo on Spectator's letterhead signed by a company officer. The contract can be enforced if the memo includes

all essential terms.

Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a long-term lease for a warehouse. To be enforceable, the lease must be in writing if the amount of the rent payment is

any price.

Refer to Fact Pattern 15-B1. Pete later disputes some of the provisions of the deal with Odell. If the dispute results in litigation, a court will most likely admit evidence of

consistent additional terms.

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

f

A contract for a sale of goods priced at $499.99 must be in writing to be enforceable.

f

A contract for a sale of land cannot be enforced unless it is in writing even if the contract has been partially performed.

f

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

f

A contract that has not been fully performed by the end of a year from the day of its making must be rewritten to continue in force.

f

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

f

The Statute of Frauds requires that fraud must be proved by a writing.

f

To be enforceable as a contract, a writing must have been signed by the party who seeks to enforce it.

f

Under the Statute of Frauds, a contract that is in writing is void.

f

Under the Statute of Frauds, all contracts must be in writing to be enforceable.

f

Grady obtains a business loan from Farmers County Bank. To keep Grady in business, and thereby obtain the benefits of a deal between them, Dakota promises the bank's loan officer that she will repay the loan if Grady does not. To be enforceable, Dakota's promise

need not be in writing.

Dotty tells a representative of Education Loan Company over the phone that she will pay Felipe's student loan if he does not. Dotty does not get any personal benefit for the promise. This promise is enforceable as a contract by

none of the choices.

Eustace and Durango Oil Company enter into an oral contract under which Eustace agrees to work on a Durango oil rig for not less than six months. This contract is enforceable by

none of the choices.

Isaac and Holiday Fruit Company enter into an oral contract under which Isaac agrees to provide delivery service for holiday Fruit for nine months. This contract is enforceable by

none of the choices.

Sierra Lumber Company and Recycle & Resale, Inc., (R&R) enter into an oral contract for Sierra's sale to R&R of six used forklifts for $2,900 each. Before R&R takes possession of the goods, this contract is enforceable by

none of the choices.

Rand offers Quade the amount of a down payment on a house if Quade marries Rand's daughter Pepper. This promise is enforceable

only if it is in writing.

E-Business, Inc. files a suit against Federated Financial Corporation, asking the court to enforce an oral contract between the parties under the doctrine of promissory estoppel. This doctrine applies in

some states.

A contract does not need to be in writing to be enforceable if the contract makes performance within one year possible.

t

A party's oral promise to pay another's debt is enforceable if the guarantor's main purpose is to secure a personal benefit.

t

A written contract for a transfer of land is enforceable.

t

A written contract that cannot, by its own terms, be performed within one year from the day after its formation is enforceable.

t

A written contract that contains a collateral promise is enforceable.

t

A written prenuptial agreement is enforceable.

t

An electronic record of a contract for a sale of goods can enforceable

t

An integrated contract is the complete and final statement of the terms of the agreement.

t

Oral evidence of the modification of a contract after its making can be introduced at a trial.

t

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

t

Sid induces Ty to enter into a contract for the sale of a warehouse about which Sid fraudulently misrepresents a number of material facts. Sid also tells Ty that his commission is 6 percent, but their signed, written contract states "12 percent." The parol evidence rule governs

the admissibility in court of oral evidence.

Lena buys a used MP3 player for $50 and a new laptop for $1,500, and signs a one-year employment contract for a $4,500 monthly salary to start at the beginning of the next month. The Statute of Frauds covers

the employment contract and the laptop purchase only

Beta Grocers orders by phone twenty cartons of canned beets from Carotene Food Packers, Inc. After ten cartons are delivered and accepted, Beta repudiates the contract. Carotene can enforce the contract to

the extent of the ten accepted cartons.