STATUTE OF FRAUDS I
The Statute of Frauds does not usually make a contract void; instead, it makes the contract this against the party raising the defense.
UNENFORCABLE
ROO OR RALSE: A contract falls outside the one-year provision merely because it could be breached within one year.
RALSE, BREACH OR EXCUSE IS NOT FULL PERFORMANCE
A donee beneficiary generally has no claim against the promisee when the promisor fails to perform because the promisee owed the beneficiary no independent __________.
OBLIGATION
In a non-carrier goods contract, the seller does not have to physically hand the goods to the buyer; instead, the seller must put and hold conforming goods at the buyer’s disposition and give necessary notice. This is called __________ delivery.
TENDER
In a shipment contract, risk of loss generally passes to the buyer when the seller delivers the goods to this party.
carrier
The question John Goodman asks to see if he's alone on this, which ends quite loudly
AM I THE ONLY ONE AROUND HERE WH?
A buyer admits in court that a sale-of-goods contract existed, but admits only to 500 units rather than the 1,000 units alleged by the seller. The contract is enforceable only up to this amount.
500 UNITS (THE QUANTITY ADMITTED)
Under the majority rule, a lifetime employment contract is usually outside the one-year provision because this event could occur within one year without breach.
DEATH OF THE EMPLOYEE
This older classification describes a beneficiary when the promisee’s purpose is to satisfy a debt or legal obligation owed to the beneficiary.
CREDITOR BENEFICIARY
This doctrine may excuse a party for a mistaken present fact when both parties shared the same mistaken assumption, the fact was essential, and the disadvantaged party did not bear the risk.
MUTUAL MISTAKE
A party clearly announces before performance is due that she will not perform. This is called __________ repudiation.
ANTICIPATORY
Mike Tyson's incredulous response to Brendan Schaub's mushmouthed mention of Jon Jones
WHO THE HELL IS JON AFRICA?
This mnemonic captures the six traditional Statute of Frauds categories (bonus if you can name said categories)
MY LEGS (MARRIAGE, YEAR, LAND, EXECUTOR, GUARANTY, SALE OF GOODS)
Under the merchant’s confirmation rule, a written confirmation between merchants binds the recipient unless the recipient objects in writing within this many days after receipt.
The original contracting parties may modify or rescind the third-party-beneficiary provision until the beneficiary’s rights have done this.
VESTED
This doctrine may excuse the receiving party’s performance when a supervening event substantially destroys the principal purpose of the contract.
FRUSTRATION OF PURPOSE
This doctrine may excuse performance when unforeseen circumstances make performance extremely burdensome or prohibitively expensive, though increased cost alone is usually insufficient.
IMPRACTICABILITY
SUPERINTENDENT CHALMERS'S RESPONSE TO SEEING THE FIRE IN SEYMOUR'S KITCHEN
GOOD LORD, WHAT IS HAPPENING IN THERE?
List the three terms generally required in a common-law Statute of Frauds memorandum.
IDENTITY OF PARTIES
NATURE/SUBJECT MATTER OF CONTRACT
ESSENTIAL TERMS OF UNPERFORMED PROMISES
For an oral land-sale contract, part performance usually requires at least two of these three acts.
PAYMENT
POSSESSION
SUBSTANTIAL IMPROVEMENTS
A beneficiary’s rights are subject to defenses the promisor could raise under the underlying contract, such as impracticability, failure of condition, or this by the promisee.
BREACH OF CONTRACT
List the three major categories of impossibility.
DESTRUCTION OF THE SUBJECT MATTER
DEATH OR INCAPACITY OF A NECESSARY PERSON
SUPERVENING ILLEGALITY
List the requirements for a valid mutual modification at common law.
BOTH PARTIES AGREE TO PERFORMANCE DIFFERENT FROM THE ORIGINAL CONTRACT
THE DIFFERENCE IS NOT A MERE PRETENSE OF A NEW BARGAIN
What the go-pro'd airplane passenger says after he asks for "two glathes of milk" and the flight attendant says "we don't serve milk sir"
WELL WHAT DO YOU HAVE THEN?
List three of the five requirements for the specially manufactured goods exception under the UCC Statute of Frauds.
GOODS ARE SPECIALLY MANUFACTURED FOR THE BUYER
NOT SUITABLE FOR SALE TO OTHERS IN ORDINARY COURSE
SELLER SUBSTANTIALLY BEGAN MANUFACTURE OR MADE PROCUREMENT COMMITMENTS
ACTIONS REASONABLY INDICATE GOODS ARE FOR THAT BUYER
ACTIONS OCCURRED BEFORE THE SELLER RECEIVED NOTICE OF REPUDIATION/REVOCATION
If unsigned documents are not incorporated by reference, list the three requirements for tacking signed and unsigned documents together.
>1 SIGNED WRITING UNAMBIGUOUSLY ESTABLISHED CONTRACTUAL RELATIONSHIP
SIGNED/UNSIGNED DOCUMENTS CLEARLY REFER TO SAME SUBJECT MATTER
CLEAR/CONVINCING EVIDENCE SHOWS ACQUIESCENCE TO UNSIGNED DOCUMENTS BY PARTY TO BE CHARGED
List three ways an intended beneficiary’s rights may vest.
BRINGS SUIT
MATERIALLY CHANGES POSITION IN JUSTIFIABLE RELIANCE
MANIFESTS ASSENT AT THE REQUEST OF THE PROMISOR OR PROMISEE
VESTING OCCURS UNDER AN EXPRESS CONTRACT TERM
Give two examples of bad-faith UCC modifications
EXTORTING A MODIFICATION WITHOUT LEGITIMATE COMMERCIAL REASON
USING BAD FAITH TO ESCAPE ORIGINAL CONTRACT TERMS
CREATING A FAKE BARGAIN AS PRETEXT FOR AN UNFAIR TERM CHANGE
List the factors courts consider when excusing a condition to avoid forfeiture.
WHETHER LOSS FROM ENFORCING THE CONDITION IS DISPROPORTIONATE TO THE PREJUDICE TO THE OTHER PARTY
WHETHER THE FAILURE WAS WILLFUL OR SERIOUSLY NEGLIGENT
WHETHER THE OTHER PARTY CONTRIBUTED TO THE FAILURE
WHETHER THE CONDITION CONCERNS A MINOR OR MATERIAL TERM
WHETHER THE CONDITION WAS DELAYED RATHER THAN COMPLETELY FAILED
(IN INSURANCE CASES) WHETHER FAILURE TO GIVE NOTICE WAS CAUSED BY CIRCUMSTANCES OUTSIDE THE INSURED'S CONTROL
A rough approximation of that one time Dennis asked a question about Mrs. Doubtfire at New Deck quizzo
"WHAT ACTOR UHHHH VOICED UH WHAT VOICE ACTOR, I'LL START AGAIN. WHAT UHHHHH.... ACTOR VOICED THE UHHHH...?"