Part8 -Statute of Frauds / Contracts That Need to be in Writing

On page 318 the author discusses a rule of evidence known as the Statute of Frauds.This rule of law simply states certain type of executory agreements must be in writing (or at least a writing of some sort signed by the defendant) before a judge will hear evidence on the alleged contract breach.With the exception of a prenuptial agreement (which must ALWAYS be in writing and signed by both parties before a marriage) the other situations can be proven to have existed without a written document IF the parties engaged in conduct (such as paying for property, etc.) that demonstrates a contractual relationship existed.

13. why do we need a rule of evidence that states certain types of agreements must be in writing (or substantially performed) before a judge will listen to a case involving such an alleged agreement?What is the purpose of the Statute of Frauds in practical terms?

14.Larry saw a car listed on CraigsList he was interested in buying.He went out and looked it over, drove it and offered the seller $8,000.The seller said he would sell Larry the car.Larry said he would get a cashier's check and bring it out to the seller in a couple of days.There was nothing in writing - just an verbal understanding that the seller would hold the car for Larry.

Larry is upset when the sellertexts him later that same dayand says "a guyshowed upand gave me $8,500 in cash.Car's gone.Sorry."Would Larry have a legal right to sue the seller for breach of contract? Why or why not? Explain.

15.Go back to Page 262 and review theLucy v Zehmercase.Was the Statute of Frauds writing requirement satisfied in that case?Explain.(That is the case where Mr. and Mrs. Zehmer signed a written offer to sell their farm to Mr. Lucy and later stated they were just playing a joke on Bill Lucy.Bill Lucy believed they had made a legitimate offer to him.)

16.what is the parol evidence rule and what is the reason the law recognizes such a rule of evidence?Give an example of a situation in which the parol evidence rule would apply.How does the parol evidence rule differ from the Statute of Frauds and the doctrine of promissory estoppel?Explain.