Question 1: As you read through the chapter what are four key points that were made about the statue of frauds

11.2 SELFCHECK statute of frauds, it need only be signed by the onorany toa to a writte ement made subsed want to the sorting are put in minute of trau hent was required to be in contract lacked Part when the parentsdand intended to be the final and complete agreement rite of typed certain key Points in Chapter !BUG - contract used to show that the word vied to make the contract by contracts are just as legal as written contracts if Only contain ones and acceptance, consideration d legal purpose an one was mentally tell contracts can be proven ; and if thecation, com Falcon's state has a jaye in a court of law. compe- stamped, or signed electronically if all parties agree to f the terms of these of a large store. lied when law called the statute of frauds, he parol evidence rule states that when a contra voted of a major crime Everquires certain contracts to be in writing to be en- has been reduced agreement betwo to a writing a fenced to prison for Six months whicable. The most common of these are (1) a contract to forconally pay the debt ten apreparties, it cannot be changed by contract. at e debt of another person, (2) a contract umpo, who sued for personally pay the debt of a deceased person, (3) a con- I evidence to show to Pe involving the sale of an interest in real property, certain terms or be introduce sduced, however, to explain are vague or confusing, or to ug no arrest record, the contract made in consideration of marriage, (5) a ove that the writ (4) act that by its terms cannot be performed within inally agr certain terms orig- d upon but accidentally left out of or typed with Campo. om the date the agreement was formed, and incorrectly in the also bemyin the written contract. Parol evider of contract for the sale of goods for the price of $500 e written contract was de prior to or at the of of any changes to 16) more. illegal, that fraud was involved, or that one person was In most states written evidence required by the stat- mentally incompetent . nted in court. The er agreement con- are of frauds may be an informal memorandum (record) Oral proof of any changes to the writing after the that must contain all the essential terms of the agree- written contract was made can be presented in court if ing the proof shows that the later agree- bent, including the names of the parties, the subject the party presenting the proof ment contained consideration . writing to e discovered matter of the agreement, the consideration, and any ma- A written contract may be changed by a subsequent ght. Carlson erial terms. It must be signed at least by the party who oral agreement if the written contract was not required to be in writing under the state's statute of frauds. If the ou agreed to will be held responsible (party being sued). The signa- pure of this person may be handwritten, printed, typed, contract being modified must be in writing, the modifi- Carlson cation must also be in writing. sed to pay offered Important Legal Terms reement pose memorandum parol evidence rule prenuptial agreement statute of frauds airs Questions and Problems for Discussion whether 1. As you read through the chapter, what are four key Thompson, the owner of a successful floral shop, ement points that were made about the statute of frauds? orally promised Franks, an experienced floral 2. Does putting a contract in writing guarantee that arranger, a bonus of $10,000 and a monthly salary con- its terms will not be questioned by the parties at the if Franks would work for Thompson for two years. time of performance? The bonus was to be paid at the end of the two-year the 3. Under what circumstances will the courts not allow period. Franks actually did work for the full term If in parol evidence to be introduced in a lawsuit relating of the oral agreement. Will the statute of frauds to the terms of a written contract? prevent Franks from collecting the bonus?Cape Lock ALL 212 PART 2 . Contracts Willis and Asso Roc Co. entered into an oral contract to pay 8. Lisi, vice president of the National Football firm, $35,000 plates, a cert arrangements to hold the recto perform Itified Association ention at the Mary appealed on the gro . Them a complete audit of its accounting records. The report ofPublic accounting association's annual He met with Brock ,How period of ten months but port was to cover a and Convention Center. now. Willis agreed hotel manager, one year before the scheduled ev. agreed orally to perforcen months from to begin within three months. porm the audit and They orally came to terms on several importawent. the contract for the glad Jones delay in beginning the audit, Willis aths. Regardless of the points, including room rates, meal prices, and eement and no as the fine idit, Willis agreed to meet the fourteen-month deadline for completion. Does exhibit space charges. Brock was then replaced by , new manager, Talbot. Lisi met with Ta introduced to ajmal evidence the contract fall within the statute of would you rule in this she 6. Marlan's son was arrested for driving tatute of frauds? the oral agreement he had made with Brock Kentucky, 319 5 1 2 case. I or driving while intending to draw up a written contract to cover intoxicated and had to hire an attorney to defend these points. Talbot had no record of this agreem Bratman, an attorney, him in court. The attorney requested to and refused to honor any prior arrangements, in an automobile accide $1,500, one-half in advance and the remainder at claiming instead that because of inflation, prices the conclusion of the court hearing. Because the son did not have the funds, Marlan, in the presence of should be raised 20 percent. Can List legally require his medical fees out of . Pto Talbot to abide by the original oral agreement he made to his client as the PD several other attorneys in the law office, told his the accident if the client di had with Brock? son's attorney that he would pay the fee out of his the client was awarded $15 own pocket following the court hearing. Because 9. Mclean orally agreed to manage several of Orcini's Marlan was a well-to-do businessperson in the aerobics studios in Los Angeles for three years at a salary of $35,000 a year. After six months, McL community, the attorney agreed to these terms. Following the court hearing in which the son was decided to quit her job and move to the East Coast, Orcini had to hire a new manager at a salary of convicted, Marlan refused to pay as agreed, $38,000 a year. Orcini claimed that Mclean was claiming that the attorney had done a poor job liable for damages of $3,000 a year for breach of representing his son. The attorney sued, but Marlan contract until Mclean's original contract expired. defended, claiming that his agreement to pay was Is Orcini correct in his claim? not legally binding on him because it was made orally. Can the attorney collect her fee? 10. Bain lived in Bristol Harbor, a resort area along the 7. Moralle orally promised Hanson that if she agreed Atlantic coast. She entered into a written agreement to sell her daily catch of fresh lobster at an agreed to marry him, he would give her a large monthly price to a local restaurant owner during the tourist expense account , a new car every two years , and a season. At the end of the tourist season, Bain sued vacation trip each year to a destination of her the restaurant owner for an additional $2,000. At choice. Hanson accepted, and they were married. the trial, she claimed that shortly before signing the Moralle, however, did not keep his promises. contract, the restaurant owner orally agreed to pay Hanson sued Moralle on his promises. Will she her a $2,000 bonus. Can Bain introduce the oral succeed in this suit? agreement as evidence and collect the $2,000 bonus? Cases for Review 1. A landlord entered into a lease (contract) with a for Griffin, but Whitman appealed. Should the tenant. A clause in the lease stated that the tenant appeals court decide for Whitman? (Whitman would use the premises only for a gasoline station, Heffernan Rhein & Co., Inc. v. The Griffin Co., car wash, and related activities. The landlord sued 557 N.Y.S.2d 342) to terminate the lease, claiming that the tenant had 3. Jones (appellee) signed a printed contract form violated an oral agreement, which was made at the agreeing to purchase a house from Long. Long also time the lease was drawn up, not to add a signed the form. At the time of signing, Jones also convenience store to the gas station. Was this oral made a down payment as evidence of her good faith agreement binding on the tenant? (Snow v. Win, to go through with the contract. The down 607 P.2d 678) payment was to be applied to the purchase price 2. Whitman Heffernan Rhein & Co., a financial upon completion of the sale of the house. Jones advisory company, sued the Griffin Company to later refused to go through with the contract and recover compensation for services rendered in ended up suing Long for the return of the down negotiating the purchase of a business (Resorts payment. At trial, Jones introduced parol evidence International) from Donald Trump. The agreement that an understanding existed between Long's agent between Whitman and Griffin had been made and her that she could not buy the house unless she orally, but it should have been in writing under the sold her house first, and that her house was not New York statute of frauds. The trial court decided sold. Jones won her case at the trial level. LongC AIt CHAPTER 11 . auds 213 appealed on the grounds that it was improper for the trial court judge to rule for Jones based on the parol evidence rule regarding the agreement Bratman refused to pay Healy, invoking the statute of frauds. Can Healy legally hold Bratman liable for 1 Hotel he between Long's agent and Jones. Long claims that the contract for the sale of the house had been his oral promise to pay? (Healy v. Bratman, 409 reduced to writing as the final and complete N.Y.S.2d 72) event. 5. Malo, an architect, signed a contract with Gilman agreement and parol evidence could not be to design an office building. Nothing was said in introduced to alter that agreement in any way. How the contract about the size, style, or maximum cost by a would you rule in this case? (Court of Appeals of of the building, only an estimated cost. When the Kentucky, 319 S.W.2d 292) bids for the building came in, they were so much ck, Bratman, an attorney, had a client who was injured more than the estimated cost that Gilman decided in an automobile accident and was being treated by not to build the building. He also refused to pay 4 . Malo for his services. In court, Gilman tried to ent Dr. Healy. Bratman orally promised to pay Healy introduce evidence that there had been his medical fees out of the proceeds of any award conversations about maximum costs. Malo claimed made to his client as the result of a lawsuit based on that this was not possible under the parol evidence re the accident if the client did not pay the fees. When rule. Is Malo correct? (Malo v. Gilman, Ind. 379 the client was awarded $15,000 for his injuries, N.E.2d 554)