Question
All students will post to a central board and respond. (See below) Project 4.1s purpose is to help you understand the problems parties face with
All students will post to a central "board" and respond. (See below) Project 4.1’s purpose is to help you understand the problems parties face with oral or written contracts under the Statute of Fraud. Please stay on topic. Off-topic posts cannot score points. Please review the following video: https://www.genesislawfirm.com/contracts-need-be-writing Links to an external site.
TOPIC POSTS (Category A):
For three (3) out of six (6) possible points, Respond to the following Question with on-topic, researched replies. Your response need not be correct, but must be on-topic. You must quote from the textbook the relevant section(s) to support EACH of your answer(s). NO POINTS for this Category will be awarded without the appropriate, supporting quote(s). Write (cut & paste) in your message(s) as your Subject Line, EXACTLY the following: (1) XX's Topic Post (Category A) FACTS: On April 15, Sally orally contracts to buy Halibert’s condominium for $100,000, with the closing (transfer of the deed) to take place on June 1. Halibert’s lawyer, who is out of town on vacation, is to draft a written contract of sale on his return to his office on May 15. Because Sally’s lease is terminating on her rental apartment, Halibert agrees to let her take possession of the condominium on May 1 if Sally gives him a “down payment” on the condominium of $5,000. Sally agrees and gives Halibert the $5,000. She moves into the condominium on May 2, and the following weekend she removes an interior wall and adds permanent shelving. On May 10, Halibert receives a written offer from Green to buy Halibert’s condominium for $120,000. Halibert accepts Green’s offer, asks Sally to move out of the condominium, and tries to return the $5,000 to Sally. Sally claims that she has an enforceable contract to buy the condominium. Halibert claims that any such contract must be in writing to be enforceable under the Statute of Frauds. Questions:
Q1: List all of the types of contracts per the Statute of Frauds that must be in writing. Quote the relevent section(s) from the textbook to support your answer.
Q2: What facts demonstrate that Sally's contract with Halibert falls within a particular type of contract under the Statute of Frauds? Which type of contract? Quote the relevant section(s) from the textbook to support your answer.
Q3: Although Sally has no written agreement, what facts demonstrate that an exception to the Statute of Frauds would apply and support Sally's argument? Research exceptions to the Statute of Frauds in the textbook and quote the relevent section(s) from the textbook to support your answer. Explain how your source's information applies to the problem. Do not merely say it applies.
Quote from your source and explain why that information is important. CAUTION: Your posts must remain on-topic for full points. If your post(s) discuss matters not directly related to "Statute of Fraud." your post(s) will NOT score points. DO NOT DISCUSS Damages, Breach of Contract, Injuries/Losses, Agreement (offer/acceptance) or your post will lose points! PEER POSTS (Category B): For three (3) out of six (6) points, post a response (Category B) to one (1) other Peer's Category A post.
You must have the following not necessarily in this order: Research "Statute of Frauds" on the Internet. Provide one
(1) authoritative source not in your textbook, that is, your Category A post. This on-topic source, in other words, is an additional source. Explain how your new source applies. Do not merely say it applies. Quote from it, and explain the meaning or relevance of its information. You must use the following format (penalty points applied if not followed). Please include the corresponding items "(A)," "(B)," "(C)," and "(D)" in your written post: (A) State the general rule of law you researched on the Statute of Frauds (quote your source and cite it); (B) Provide more specific rule explained from your source (quote your source). Here, you must provide the rule for any exception to the Statute of Frauds (quote your source); (C) List the pertinent facts from the scenario/problem regarding Sally's actions which apply to your "A" and "B" sentence(s); and (D) Draw your conclusion as to how the exception to the rule of the Statute of Frauds applies to Sally. In other words, make the law and facts understandable. Write (cut & paste) in your message as your Subject Line the following. Be exact: (2) XX's Peer Post to YY's Topic Post (Category B) CAUTION: Your posts must remain on-topic for full points. If your post(s) discuss matters not directly related to "Statute of Fraud." your post(s) will NOT score points. DO NOT DISCUSS Damages, Breach of Contract, Injuries/Losses, Agreement (offer/acceptance) or your post will lose points!
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