Womack Report

February 28, 2007

Business Law, February 28

Filed under: Law,Notes,School — Phillip Womack @ 2:31 pm

More on genuineness of assent.

The Statute of Frauds states that certain contracts have to be written in order to be enforced. Anything involving an interest in land and something attached to that land (real property) must be in writing. If the terms of the contract cannot be performed within one year, the contract must be in writing. If there are collateral promises to a contract, like one side having a guarantor, the contract must be in writing. Promises to make good on estate debts must be in writing. Marriage promises must be in writing. Contracts for the sale of goods priced at $500 or more must be in writing.

One exception to contracts for land needing to be in writing is if the land was improved by the buyer; in that case, the seller of the land could not refuse to sell the land without paying for the improvements.

If a party against whom enforement is sought admits in court that an oral contract existed, that contract may be enforceable despite being unwritten.

Promissory Estoppel is the principle that in an otherwise unenforceable contract may be enforced based on detrimental reliance. That is, if the promisee was harmed by reliance on the contract with the promisor, the contract may be enforced even though it doesn’t meet the statute of frauds.

Transfer of contractual rights to a third party is known as assignment. The transfer of contractual duties to a third party is known as delegation.

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