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Copy of Class 3: Promises Grounded in the Past

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Karen Bradshaw Schulz

on 4 October 2016

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Transcript of Copy of Class 3: Promises Grounded in the Past

Statute of Frauds Decision Tree
1. Does the issue fall under the statute of frauds?
Any interest in land
Transfer of Contract
Original Contract
Contracts in consideration of marriage
Debt, default, or miscarriage of another
Oral promise of mother to pay for son with regard to his credit (case 14, 15)
Contracts not to be preformed within one year
Specified time period of more than one year (i.e. 13 months; case 8)
Contract for sale of goods (UCC)

Oral promise from grown woman to shop owner to buy bike (on her credit; case 15)
Contract for sale of goods less than $500
Contracts not to be performed within one year that could POSSIBLY be completed in a year
Case 6 - timber
Inside Statute of Frauds
Outside Statute of Frauds
Yes
No
Is it in writing?
Yes
Would someone be unjustly enriched if enforced?
Maybe
Unenforceable on this basis; proceed with remainder of analysis
Yes
No

Does not have to be in writing, proceed
with remainder of analysis
Enforceable on this basis; proceed with remainder of analysis
Professor Note: Decision trees are helpful study tools for some students as it can guide analysis in a coherent matter on an exam. Do not feel obligated to use decision trees if they do not suit your learning style.
Professor Note: Different decision trees can work equally well. Remember the example in class of the student who began this decision tree with the inquiry of "Is it in writing?"
Full transcript