Term
| Which party has the burden of proving that the contract is within the Statute of Frauds? |
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Definition
| The party being sued (typically, the defendant). |
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Term
| Does the party being sued want the contract to be "within" or "outside" the Statute of Frauds? |
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Definition
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Term
| Does the party suing for breach want the contract to be "within" or "outside" the Statute of Frauds? |
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Definition
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Term
| If the parties to an existing contract that is wthin the Statute of Frauds modify the contract, must the modification be evidenced by a sufficient writing to be enforceable? |
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Definition
| Yes, unless the modification takes the contract out of the Statute. |
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Term
| If a contract is not within the Statute of Frauds, but a modification would make it within the Statute of Frauds, must the modification be evidenced by a sufficient writing to be enforceable? |
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Definition
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Term
| If an agreement is within the Statute of Frauds and is not evidenced by a sufficient writing and no exception applies, does that mean a contract was not formed? |
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Definition
| No, it means that the contract is unenforceable. |
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Term
| Does the Statute of Frauds permit the rescission of a fully-performed contract? |
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Definition
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Term
| May a third party rely on the Statute of Frauds? |
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Definition
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Term
| What are the 6 classes of contracts covered by the Statute of Frauds? |
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Definition
M = Marriage
Y = Year
L = Land
E = Executor/Administrator
G = Goods
S = Suretyship |
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Term
| If a contract is within the Statute of Frauds and not evidenced by a sufficient writing (and no exception applies), is the entire contract unenforceable? |
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Definition
| Yes, as long as one undischarged promise is unenforceable because of the Statute of Frauds, though a party may waive performance made to it that is unenforceable under the Statute of Frauds so as to make the remainder of the contract enforceable. |
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Term
| What does the suretyship provision of the Statute of Frauds provide? |
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Definition
| A contract to pay the debt of another made to the debtor's creditor is within the Statute of Frauds, unless the promisor's actual or apparent purpose in making the promise is primarily to benefit the promisor. |
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Term
| Under the suretyship provision of the Statute of Frauds, is the definition of "debt" broad or narrow? |
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Definition
| Broad. The debt may be one that has already been incurred (whether mature or unmatured) or one that will be incurred in the future, and includes any legal obligations or liabilities, irrespective of their source (for example, contract, tort, etc.), and the debt can even be voidable or unenforceable. |
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Term
| Is a promise to pay another's debt, made to the debtor (rather than the creditor), within the Statute of Frauds suretyship provision? |
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Definition
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Term
| What does it mean to promise to pay the debt "of another" as that term is used in the Statute of Frauds suretyship provision? |
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Definition
| It means that the debtor must remain primarily liable for the debt, with the promisor having the subordinate role of guarantor. |
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Term
| What is the leading-object rule? |
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Definition
| A promise to pay another's debt is not within the suretyship provision of the Statute of Frauds if the promisor's actual or apparent purpose in making the promise is primarily to benefit the promisor. |
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Term
| If a person's manifested motive in promising to pay another's debt is primarily to benefit the promisor, the promise is called what? |
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Definition
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Term
| If a person's manifested motive in promising to pay another's debt is not primarily to benefit the promisor, the promise is called what? |
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Definition
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Term
| What does the executor-administrator provision of the Statute of Frauds provide? |
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Definition
| A contract of an executor or administrator of an estate to pay a debt of the decedent out of the executor's or administrator's personal funds, made to the decedent's creditor, is within the Statute of Frauds, unless the executor's or administrator's actual or apparent purpose in making the promise is primarily to benefit the executor or administrator. |
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Term
| True or false: For a promise to be within the executor-administrator provision of the Statute of Frauds, the decedent's obligation must have arisen before the decedent's death. |
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Definition
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Term
| True or false: For a promise to be within the executor-administrator provision of the Statute of Frauds, the promise must be made after the decedent's death and after the promisor has been appointed executor or administrator by the court. |
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Definition
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Term
| True or false: The limitations regarding novations and the leading-object rule, which apply to the suretyship provision, also apply to the executor-administrator provision of the Statute of Frauds. |
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Definition
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Term
| What is the marriage provision of the Statute of Frauds? |
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Definition
| A contract given on consideration of marriage is within the Statute of Frauds, except for mutual promises to marry. |
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Term
| Is an agreement within the Statute of Frauds marriage provision if the agreement is simply conditional on marriage or was made because the parties (or one of them) contemplated marriage? |
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Definition
| No, marriage must be at least part of the consideration for the contract. |
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