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LOP 2 Class 1
Statute of Frauds: Classes of Contracts Covered
23
Law
Graduate
01/05/2017

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Term
Which party has the burden of proving that the contract is within the Statute of Frauds?
Definition
The party being sued (typically, the defendant).
Term
Does the party being sued want the contract to be "within" or "outside" the Statute of Frauds?
Definition
Within
Term
Does the party suing for breach want the contract to be "within" or "outside" the Statute of Frauds?
Definition
Outside.
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?
Definition
Yes, unless the modification takes the contract out of the Statute.
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?
Definition
Yes
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?
Definition
No, it means that the contract is unenforceable.
Term
Does the Statute of Frauds permit the rescission of a fully-performed contract?
Definition
No
Term
May a third party rely on the Statute of Frauds?
Definition
No
Term
What are the 6 classes of contracts covered by the Statute of Frauds?
Definition

M = Marriage

Y = Year

L = Land

E = Executor/Administrator

G = Goods

S = Suretyship

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?
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.
Term
What does the suretyship provision of the Statute of Frauds provide?
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.
Term
Under the suretyship provision of the Statute of Frauds, is the definition of "debt" broad or narrow?
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.
Term
Is a promise to pay another's debt, made to the debtor (rather than the creditor), within the Statute of Frauds suretyship provision?
Definition
No
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?
Definition
It means that the debtor must remain primarily liable for the debt, with the promisor having the subordinate role of guarantor.
Term
What is the leading-object rule?
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.
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?
Definition
An original promise.
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?
Definition
A collateral promise.
Term
What does the executor-administrator provision of the Statute of Frauds provide?
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.
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.
Definition
True.
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.
Definition
True
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.
Definition
True
Term
What is the marriage provision of the Statute of Frauds?
Definition
A contract given on consideration of marriage is within the Statute of Frauds, except for mutual promises to marry.
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?
Definition
No, marriage must be at least part of the consideration for the contract.
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