Two new freshmen go to SUC to have dinner on Thursday night. It is quite crowded. One student (Jay) says to the other student (Zee), "Let's make a deal. Every week until we graduate from LU, we should take turns buying a $1 Powerball ticket on Thursdays. If we win, we can split the $$$." Zee thinks this is a great idea. Zee says, "It's a deal, Jay. I will even buy the first ticket tonight." Zee and Jay shook hands on their deal, with over 100 witnesses in the Cafeteria. They even took a selfie. Zee and Jay honor their deal every week for 3 long semesters, dutifully taking turns buying tickets, and losing every Thursday night. Then, mid-way through their 4th semester, Zee disappears. Jay is concerned. Jay checks facebook and sees Zee is in Mexico drinking pina coladas on his new yacht. He sees that Zee posted that he struck it rich on powerball last Thursday and is dropping out of school. Jay is mad now. Jay wants to sue Zee for breach of contract.

(i) You are Jay's lawyer - what will you tell him about his potential contract lawsuit against Zee?

(a) Jay, you will probably lose - your contract isn't in writing and per the Statute of Frauds, it has to be to be enforceable.

(b) Jay, you have a great case based on your verbal contract - let's file now

(ii) What exception in the Statute of Frauds is most likely to apply to Jay and Zee's contract?

(a) One Year Rule

(b) Marriage

(c) Land

(d) Executor's promise

(e) Goods over $500

(f) Surety acts as guarantor

(g) None of the above

(iii) If Jay and Zee had written their deal down that first Thursday at the Cafeteria, and Zee still backed out of the deal claiming no real contract existed as it was just a joke, what parol evidence (if any) could Jay try to introduce to win his case?