33:140:320 Lecture Notes - Lecture 13: Specific Performance, Fax, Secondary Liability
Document Summary
If a contract is required by law to be in writing and there is no written evidence of the contract it may not be enforceable. Statute of frauds: state statute under which certain types of contracts must be in writing to be enforceable: purpose is to ensure that there is reliable evidence, these (cid:272)o(cid:374)tra(cid:272)ts (cid:374)or(cid:373)ally (cid:373)ust (cid:271)e i(cid:374) (cid:449)riti(cid:374)g . Contracts that cannot by their terms be performed within one year from the date of formation. Collateral contracts, such as promises to answer for the debt or duty of another. Contracts for the sale of goods priced at or more (under ucc) Contracts involving interests in land: contracts about real land must be evidenced by writing and included fixtures (personal property so affixed to the land that it becomes part of the realty) Include everything on land (trees, crops, etc) and mortgages/leases.
