Contracts Law: Chapter 6: Writing and Formality Requirements {Statute of Frauds}

Chapter 6: Writing and Formality Requirements.

Statute of Frauds.

The Statute of Frauds is a legal principle that requires certain types of contracts to be in writing to be enforceable. Law students should explore the Statute of Frauds and its various requirements:

a) Covered Contracts: The Statute of Frauds typically applies to contracts for the sale of real property, contracts that cannot be performed within one year, contracts for the sale of goods over a certain value, and promises to answer for the debt of another.

b) Writing Requirements: Contracts subject to the Statute of Frauds must be in writing or evidenced by a written memorandum that includes essential terms and is signed by the party to be charged.

c) Exceptions: Certain contracts, such as those fully performed, admissions in court, and part performance of oral real estate contracts, may be exceptions to the Statute of Frauds.

Exceptions to the Statute of Frauds.

Law students should be aware of situations where contracts can be enforceable despite the Statute of Frauds:

a) Partial Performance: In some jurisdictions, part performance of an oral contract for the sale of real property can remove the contract from the Statute of Frauds if it demonstrates a clear and substantial commitment to the contract.

b) Admission: An admission by a party in court or in writing acknowledging the existence of an oral contract can remove the contract from the Statute of Frauds.

c) Promissory Estoppel: In certain cases, the doctrine of promissory estoppel can make an oral contract enforceable if one party reasonably relied on the promise to their detriment.

Parol Evidence Rule.

The parol evidence rule limits the admissibility of extrinsic evidence to modify, contradict, or add to the terms of a fully integrated written contract. Law students should explore this rule and its implications:

a) Integration: Contracts are either fully integrated (intended to be the complete and final expression of the parties' agreement) or partially integrated (allowing for supplementary terms).

b) Exceptions: The parol evidence rule does not apply to evidence related to fraud, illegality, duress, mistake, or conditions precedent.

Landmark Case: Masterson v. Sine (1968).

The case of Masterson v. Sine provides insight into the parol evidence rule. In this case, the court held that the parol evidence rule did not prevent the introduction of extrinsic evidence when the contract was partially integrated and the evidence related to a condition precedent.

Conclusion.

Understanding the Statute of Frauds and the parol evidence rule is crucial for law students to interpret and enforce contracts effectively. By recognizing the types of contracts subject to the Statute of Frauds, the exceptions to its requirements, and the limitations imposed by the parol evidence rule, students can navigate the complexities of contract formation and interpretation with confidence.