How to Analyze The Statute of Frauds on a Contracts Essay
Автор: Studicata
Загружено: 2018-10-09
Просмотров: 55270
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00:00 What Is the Statute of Frauds?
Introduces the statute of frauds as an evidentiary requirement used to prove certain types of contracts actually exist.
02:43 Two-Step Analysis Framework
Outlines the two main steps: determining whether the statute of frauds is triggered and whether it has been satisfied.
04:13 The “M. Sour” Categories
Breaks down the five types of contracts that trigger the statute of frauds: Marriage, Suretyship, One-Year Rule, UCC Goods over $500, and Real Estate.
05:15 Contracts Made in Consideration of Marriage
Explains that prenups and similar agreements—not the marriage promise itself—trigger the statute of frauds.
06:14 Suretyship and the Main Purpose Exception
Defines suretyship contracts and explains the exception for promises made for the surety’s own economic benefit.
08:55 The One-Year Rule
Covers contracts that cannot possibly be performed within one year, and why some long-looking agreements don’t actually trigger the rule.
11:51 UCC Goods Over $500
Clarifies that goods contracts priced at $500 or more fall under the statute, regardless of jurisdictional variations.
12:31 Real Estate Contracts
Confirms that promises involving the transfer or receipt of real property interests trigger the statute of frauds.
13:16 Two Ways to Satisfy the Statute
Introduces the two main methods of satisfying the statute: signed writing or performance.
14:21 Signed Writing Requirements
Explains that the writing must be signed by the party to be charged and include all essential terms, which differ between UCC and common law.
16:03 Lost Writings and Oral Testimony
Discusses how a destroyed but provable writing can still satisfy the statute through credible testimony.
16:35 Performance as a Substitute for Writing
Describes how full or partial performance can be used as evidence when a written contract doesn't exist.
17:12 Performance in Services Contracts
Details how only full performance by either party can satisfy the statute in service agreements.
18:28 Performance in Goods Contracts
Explains that partial delivery and acceptance of goods satisfies the statute—but only for the portion completed.
20:02 Custom-Made Goods Exception
Covers how substantial beginning of production on custom goods satisfies the statute, even without delivery.
21:15 Performance in Real Estate Contracts
Outlines the rule that any two of possession, payment, or repairs is enough to satisfy the statute in real estate deals.
22:28 Final Takeaways
Wraps up with a clear reminder: if the statute is triggered and not satisfied, the contract is unenforceable.
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