SOF: Covered Contracts
What is the main PURPOSE of the Statute of Frauds?
To prevent fraud in contract formation. It requires certain contracts to be in
writing to be enforceable.
Name the THREE general requirements for a writing to satisfy the Statute of
Frauds.
1) Permanent form 2) Key material terms (parties, subject matter, price) 3) Signed
by the party being sued
Zara verbally agrees to sell Aldric a warehouse for $450,000. No written
agreement is signed. Is the oral contract enforceable?
NO — the sale of real property must be in writing. A $20,000 deposit alone does
not make an unsigned real estate contract enforceable.
State the Parol Evidence Rule in one sentence.
Prior or contemporaneous oral/written statements are NOT admissible to ADD TO
or CHANGE a fully integrated (complete) written contract.
The lease is SILENT on pets. Landlord previously said the dog was fine. Can
the tenant use that oral statement now?
POSSIBLY YES — if the lease is silent (incomplete) on pets, parol evidence of the
oral discussion may be admissible to supplement the incomplete written
agreement.
Name the 5 types of contracts covered by the Statute of Frauds (use the MY
LEGS mnemonic).
Marriage · One Year · Land (real property) · Executor/Estate · Goods >$500 ·
Suretyship
TRUE or FALSE: An email can satisfy the signature requirement under the
Statute of Frauds.
TRUE — emails, texts, tweets, and digital messages generally satisfy the writing
and signature requirements.
Marcus promises Lina a 25% share of his café if she marries him. They
marry; he refuses. Is the oral promise enforceable?
NO — promises made IN CONSIDERATION OF MARRIAGE must be in writing under
the Statute of Frauds. Completing the marriage alone does not validate the
promise.
What is a 'merger clause' (integration clause) and what is its purpose?
A contract provision stating the written agreement is the ENTIRE agreement
between the parties, superseding all prior discussions — strengthening the Parol
Evidence Rule.
In Rudy v. Ward (Penn Superior Court, 2025), what did the court hold about
parol evidence and misrepresentation?
Even in a fully integrated contract, parol evidence may be admitted to prove
MISREPRESENTATIONS or omission of terms — protecting against fraud even when
a merger clause exists.
A house is sold for $200,000 under a verbal agreement. Must it be in writing
to be enforceable?
YES — any sale or transfer of real property (land) must be in writing under the
Statute of Frauds.
Can a series of text messages collectively satisfy the Statute of Frauds
writing requirement?
YES — a series of writings (emails, texts, tweets) can be pieced together as long as
they show material terms and intent to contract.
A start-up hires Mia under an oral agreement for $50,000/year for TWO
years. Is this agreement enforceable?
NO — contracts that CANNOT be performed within one year must be in writing. A
two-year deal cannot be completed in under one year.
PETS CASE: Before signing a lease with a 'No Pets' clause and merger clause,
the landlord said the dog was fine. Can the tenant use that oral statement
in court?
NO — the written lease with 'No Pets' AND a merger clause controls. The prior oral
statement is inadmissible to contradict the fully integrated written contract.
A buyer claims the seller orally misrepresented the condition of a property
before signing a fully integrated purchase contract. The seller invokes the
PER. Who wins?
The BUYER can likely introduce the evidence. Courts allow parol evidence to prove
fraud or misrepresentation even in fully integrated contracts — the PER protects
honest agreements, not fraudulent inducement.
Sarah verbally agrees to buy a used car for $600. Does the Statute of Frauds
apply? Why?
YES — contracts for goods worth MORE than $500 must be in writing under UCC
Article 2. $600 exceeds the threshold.
Only ONE party signs a contract covered by the SOF. Is it still enforceable?
It is enforceable AGAINST the party who signed. The SOF requires the signature of
'the party to be charged' (the party being sued).
Chris verbally agrees to sell a $2,000 watch to Dana. Dana pays; Chris
refunds and backs out. Can Dana enforce the contract?
NO (likely) — sale of goods over $500 requires a written contract under UCC
Article 2. Payment alone generally doesn't cure the missing writing.
Name TWO situations in which parol evidence IS admissible despite a
written contract.
Any two of: 1) Explain an AMBIGUOUS term 2) Show contract is INCOMPLETE 3)
Prove FRAUD or misrepresentation 4) Show a condition precedent 5) Correct a
mutual MISTAKE
What should the apartment tenant have done BEFORE signing the lease to
protect the 'dog allowed' promise?
1) Insist the dog permission be included IN the written lease 2) Refuse to sign
without that term 3) Execute a signed addendum allowing the pet before signing
the lease.
A CEO orally promises a lender: 'If my company doesn't repay the $100,000
loan, I personally will.' Must this be in writing?
YES — a suretyship (guaranteeing another's debt) must be in writing to be
enforceable under the Statute of Frauds.
A broker texts: 'Seller accepts $1.2M for 45 Meadow Rd.' The buyer replies:
'Deal.' Does this satisfy the Statute of Frauds?
YES — the texts can satisfy the SOF if they identify the property, state the price,
and show intent to be bound. No notarization required.
An oral employment contract states: 'You are hired as long as you do great
work.' Could the SOF apply? Explain.
Courts ask if the contract is CAPABLE of being performed within one year. If
theoretically possible to complete in under a year, the SOF may not apply — e.g., a
terminable-at-will contract could end the same day.
What is the difference between a 'fully integrated' and a 'partially
integrated' written contract for PER purposes?
FULLY integrated: complete and final — parol evidence cannot add or contradict it.
PARTIALLY integrated: final for what it says but incomplete — parol evidence can
SUPPLEMENT (not contradict) it with consistent additional terms.
DOUBLE JEOPARDY: A contract has an integration clause AND a 'no oral
modifications' clause. Parties later verbally agree to extend the deadline. Is
the verbal modification enforceable?
Generally NO: the integration + no-oral-modification clause blocks the change.
EXCEPTION: courts may enforce it if one party RELIED on it (estoppel), part
performance occurred, or new consideration was exchanged.