Statue of frauds
Requires certain types of contracts to be in writing and signed by the defendant to be enforceable
Contracts that are governed by The Statute of Frauds
- Interest in Land
- Cannot be performed within one year
- To pay the debt of another
- Made by an executor of an estate
- Made in consideration of marriage
- The sale of goods is worth $1000 or more
Interest in Land
- Any legal right regarding land.
* *house on land, license to use land, leased apt
Exceptions to Interest in Land
- Full performance by seller
- Part performance by buyer
- Promissory Estoppel
collateral promise
the promise to say “if he does not pay then I will”
executor of an estate
In charge of an estate after someone dies. Person who pays bills and divides up property
special Circumstances
An oral contract may be enforceable, even without a written memorandum if:
- The seller is specially manufacturing the hoods for the buyer
- The defendant admits in court proceedings that there was a contract
- The goods have been delivered or they have been paid for
Parol Evidence
Anything said, done, or written before the parties signed the agreement or as if they signed it. (anything but the actual written agreement)
Parol Evidence rule
When two parties make an integrated contract, neither one may use parol evidence to contradict, vary, or add to its terms
Integrated contract
A writing that the parties intend as the final, complete repression of their agreement. “this is the final agreement”
