BLAW 2301 Lecture Notes - Lecture 16: Estoppel, Oral Contract, Special Circumstances
Document Summary
When two parties make an agreement covered by one of the six topics, it must be in writing to be enforceable. Once a contract is fully executed, it makes no difference that it was unwritten. Statute of frauds: plaintiff may not enforce any of the following agreements unless the agreement or some meorandum of it is in writing and signed by the defendnat; purpose is to avoid people being defrauded in oral agreements. Must be in writing to be enforceable, this means any legal right regarding land. If the seller completely performs her side of a contract for an interest in land, a court is likely to enforce the agreement even if it was oral. The buyer of the land may be able to enfroce an oral contract is she paid part of the purcahse price and eitehr entered upon land or made imporvements on it. Agreements that cannot eb perfomed within one year.
