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Contracts within the Statute of Frauds
contracts within the statute of frauds must be evidenced by a writing to be enforceable
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electronic records
full effect is given to electronic contracts and signatures
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suretyship provision
applies to promises to pay the debts of others
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promise must be collateral
promisor must be secondarily, not primarily, liable
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main purpose doctrine
if primary object is to provide an economic benefit to the surety, then the promise is not within the statute
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executor-administrator provision
applies to promises to answer personally for duties of decendents
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mariage provision
applies to promises made in consideration of marriage but not to mutual promises to marry
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land contract provision
applies to promises to transfer any rights, privileges, powers or immunities in real property
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one-year provision & 3 criterias
- applies to contracts that cannot be performed within one year
- 1. the possibility test
- 2. computation of time
- 3. full performance by one party
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the possibility test
the citerion is whether it is possible, not likely, for the agreement to be performed within one year
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computation of time
the year runs from the time the agreement is made
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full performance by one party
makes the promise of the other party enforceable under majority view
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sales of goods
a contract for the sale of goods for the price of $500 or more must be evidenced by a writing or record to be enforceable
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admission
an admission in pleadings, testimony, or otherwise in court makes the contract enforceable for the quantity of goods admitted
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specially manufactured goods
an oral contract for specially manufactured goods is enforceable
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delivery or payment and acceptance
validates the contract only for the goods that have been accepted or for which payment has been accepted
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modification or recission of contracts within the statute of frauds
oral contracts modifying existing contracts are unenforceable if the resulting contract is within the statute of frauds
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general contract law, 3 things:
- specify the parties to the contract
- specify the subject matter and essential terms
- be signed by the party to be charged or by her agent
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compliance of sales of goods (3 things)
- (1) be sufficent to indicate that a contract has been made between the parties
- (2) be signed by the party against whom enforcement is sought or by her authorized agent
- (3) specify the quantity of goods to be sold
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written confirmation
between merchants, a written confirmation that is sufficient against the sender is also sufficient against the recipient unless the recipient gives written notice of his objection within ten days
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full performance
statute does not apply to executed contracts
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restitution
is available in quasi contract for benefits conferred in reliance on the oral contract
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promissory estoppel
oral contracts will be enforced where the party seeking enfocement has reasonably and justifiably relied on the promise and the court can aviod injustice only by enforcement
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parole evidence rule and 5 instances where it does not apply
when parties express a contract in a writing that they intend to be the complete and final expression of their rights and duties, evidence of their prior oral or written negotiations or agreements of their contemporaneous oral agreements that vary or change the written contract are not admissible
a contract that is not an integrated document, correction of a typographical error, showing that a contract was void or voidable, showing whether a condition has in fact occurred, and showing a subsequant mutual rescission or modification of the contract
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