1. X sold to Y real estate for a stipulated price. The agreement was oral. X has not yet

delivered the real estate. Y has not yet paid the price. Y offered to buy, but X refused to

go ahead with the agreement. Under the Satute of Frauds, to be enforceable, an

agreement for the sale of real estate must be in writing (Art 1403 [2e]); Y sued for

specific performance. Xs attorney objected, setting up the Statute of Frauds as the reason

for the objection.

a. May the contract be proved by the oral evidence?

b. Suppose in the above problem, the price had already been paid, would your answer be

the same?

2. X and Y, neighbors, orally agreed that X would sell and Y would buy Xs transistor radio

for 200 three years from the date of agreement. At the end of three years, X refused to

hand over the radio although Y was willing to pay. Is the agreement enforceable unde the

Statute of Frauds?

3. X and Y, neighbors, orally agreed that from that day, Y would not erect a garage on his

property till after three years. A week later, Y began to erect the garage in violation of

the agreement. X complains and Y sets up the Statute of Frauds. Decide

4. A servant had an oral contract which allowed him P100 a month salary. He served

continuously for twelve years. Master refused payment on the ground that the contract

having lasted for more that 1 year, the same should have been in writing to be

enforceable. Is the servant entitled to pay?

5. X and Y orally agreed in 2006 to marry each other in 2010. When 2010 came, X refused

to marry Y, who now seeks damages. Would Y be allowed to prove the oral agreement?