Term
| Who has the burden of proving that a contract that is within the Statute of Frauds was evidenced by a sufficient writing? |
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Definition
| The party suing for breach of the contract. |
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Term
| Is the Statute of Fraud's writing requirement designed to provide indisputable evidence that there was in fact a contract? |
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Definition
| No. The writing requirement is designed simply to provide sufficient evidence to make it "unlikely" the plaintiff will succeed on a fraudulent claim. |
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Term
| The writing requirement for the Statute of Frauds has which three basic requirements? |
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Definition
| Writing, signature, terms. |
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Term
| True or false: The Statute of Frauds' writing requirement requires a formal, written contract. |
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Definition
| False. Any writing is sufficient, whether formal or informal, including a letter, a notation on a check, a receipt, a napkin, or a statement on a scratch pad. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, the writing, to be sufficient, must specifically be made as a memorandum of the contract. |
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Definition
| False. The writing, to be sufficient, need not be specifically made as a memorandum of the contract, except for a promise in consideration of marriage. |
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Term
| Under the Statute of Frauds' writing requirement, why must the writing, to be sufficient under the marriage provision, have been specifically made as a memorandum of the contract? |
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Definition
| Because of the important cautionary function played by the marriage provision. |
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Term
| True or false: An electronic writing is insufficient to satisfy the Statute of Frauds' writing requirement. |
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Definition
| False. An electronic document (such as an e-mail) constitutes a writing under both federal law (the Electronic Signatures in Global and National Commerce Act, commonly called 'E-Sign') and state law (the Uniform Electronic Transactions Act, or UETA). |
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Term
| True or false: Neither the delivery nor the communication of the writing to the other party is essential under the Statute of Frauds' writing requirement, unless the writing is merely an offer. |
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Definition
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Term
| True or false: Under the Statute of Frauds' writing requirement, the loss or destruction of the writing deprives it of legal effect under the Statute. |
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Definition
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Term
| True or false: Multiple writings cannot be used to satisfy the Statute of Frauds' writing requirement. |
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Definition
| False. The writing may consist of several writings if one of the writings is signed and the writings in the circumstances clearly indicate that they relate to the same transaction (the "subject matter or transaction" test). |
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Term
| True or false: Under the Statute of Frauds' multiple-writings exception, if there is no internal reference to the unsigned writing or physical connection, the party to be charged must have acquiesced in the unsigned writing's contents. |
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Definition
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Term
| True or false: Under the Statute of Frauds' writing requirement, the writing can come before, at, or after contract formation. |
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Definition
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Term
| True or false: Under the common law, a written offer can satisfy the Statute of Frauds' writing requirement. |
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Definition
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Term
| True or false: Under the Statute of Frauds' writing requirement, the "contract" itself must be in writing. |
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Definition
| False. There must be sufficient written "evidence" of the contract. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, a sufficient writing could be created after litigation commences. |
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Definition
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Term
| What is the purpose of the Statute of Frauds' signature requirement? |
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Definition
| To ensure that the writing relied upon is authentic. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, both parties must have signed the writing. |
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Definition
| False. Only the party to be charged. |
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Term
| Under the Statute of Frauds, who is the "party to be charged"? |
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Definition
| The party being sued for breach of contract, i.e., the party being "charged" with breach, usually the defendant. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, the writing must be an integrated agreement. |
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Definition
| False. It need not be an integrated agreement as defined under the parol-evdence rule. An integrated agreement requires that both parties manifest assent to the document. Under the Statute of Frauds, the document must be signed by the party to be charged. |
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Term
| True or false: A contract within the Statute of Frauds cannot be enforced against a party who did not sign the document. |
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Definition
| True (unless an exception applies). |
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Term
| True or false: If a contract is within the Statute of Frauds, and the writing is only signed by one party, the agreement is illusory because it can only be enforced against the party to be charged. |
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Definition
| False. The contract is unenforceable against the non-signer by operation of law, not by the terms of the deal, and thus is not illusory and can be enforced against the signer. |
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Term
| True or false: The definition of "signature" under the Statute of Frauds is broad. |
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Definition
| True. The signature may be any symbol made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signer. In fact, letterhead, a party's name on an advertisement, an initial, a thumbprint, or an arbitrary code sign may be a signature. |
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Term
| True or false: Unless the Statute of Frauds of the particular state so requires, written authorization of an agent's authority to enter into the contract on the principal's behalf is unnecessary. |
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Definition
| True. Legislation in many states, however, requires that an agent's authority be in writing if the contract is within the Statute of Frauds. Such a requirement is known as the equal-dignities rule. |
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Term
| True or false: An auctioneer has irrevocable power to sign for both buyer and seller for a reasonable time on the day of the sale. |
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Definition
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Term
| True or false: Under the Statute of Frauds' writing requirement, the signature must be made at the end of the document, after the essential terms of the agreement. |
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Definition
| False. The signature may appear at any place on the writing. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, the signature must be affixed after the essential terms of the agreement are included in the writing. |
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Definition
| False. In fact, if a party signs a document with a missing essential term, and the party gives authority to another to fill in the term, the prior signature is effectively adopted with reference to the added portion. A party, cannot, however, make the other party his agent for purpoes of signing the contract. |
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Term
| With respect to the Statute of Frauds' writing requirement, what three things must be included with respect to the writing's contents (other than signature)? |
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Definition
| Subject matter, parties, and essential terms of the agreement. |
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Term
| With respect to the Statute of Frauds' writing requirement and the need identify the contract's subject matter, what must be included? |
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Definition
| The writing must indicate with reasonable certainty the nature of the transaction and must provide a basis for identifying the land, goods, or other subject matter. |
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Term
| With respect to the Statute of Frauds' writing requirement and the need to identify the parties in the writing, is there any exception to this requirement? |
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Definition
| Yes. Where there is no dispute as to the parties, a party may be sufficiently identified by possession of a writing signed by the other party. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, a signed writing is insufficient if it repudiates or terminates the contract, or asserts that it is unenforceable because it is not in writing. |
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Definition
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Term
| True or false: A writing is insufficient under the Statute of Frauds' writing requirement if it denies the making of the contract. |
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Definition
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Term
| True or false: With respect to the Statute of Frauds' writing requirement, the requirement that the writing include the essential terms means that the writing need only satisfy the reasonably-certain terms requirement for contract formation. |
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Definition
| False. The requirement is for the writing to include the essential terms of the parties' agreement, not simply the essential terms to form a contract. Thus, a writing can include reasonably certain terms for the purpose of contract formation, but not inlcude all essential terms for purpose of the Statute of Frauds. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, the requirement that the essential terms of the parties' agreement be included in the writing only extends to unperformed promises. |
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Definition
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Term
| When is the omission from the writing of an essential term of the parties' agreement not fatal under the Statute of Frauds? |
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Definition
| Only when the exact same term will be supplied as an implied-in-fact or implied-in-law term. |
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Term
| True or false: Under the Statute of Frauds' writing requirement, if the writing is an integrated agreement and an essential term of the parties' agreement is discharged under the parol-evidence rule, the term cannot be used to prove that the writing omitted an essential term of the parties' agreement or that the writing included an erroneous term. |
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Definition
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Term
| True or false: The erroneous statement of an essential term renders a writing insufficient for purposes of the Statute of Frauds' writing requirement. |
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Definition
| True under the common law. False under the U.C.C. |
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Term
| True or false: A party can use the remedy of reformation to try to correct an incorrect statement of an essential term in the writing, thereby making the writing sufficient under the Statute of Frauds. |
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Definition
| True, though the courts are divided on whether this can be done with respect to an omitted term. Remember that reformation requires a party to carry a very high burden (clear and convincing evidence). |
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