Contracts-Statute of Frauds

Questions to Ask:
1. Is the K within the statute of frauds (sof)?
2. Is the sof satisfied?
3. Can we make an end run around the sof?

1. topics covered by the sof: My Legs
Marriage
Year (unless there is any way to perform within one year -- look for death of someone to theoretically terminate obligations within the year)

Land (not lease of less than one year, agreement with real estate agent to act as agent also must be in writing)
Executor
Guaranty/surety (except the main purpose rule: main purpose in making the surety promise was to further own economic advantage)
Sale of goods for more than $500
UCC quirks--K's enforceable without a writing:
1. seller has tendered goods and buyer accepted them.
2. buyer submitted payment and seller retained payment and promised to ship
3. seller has made substantial beginning in manufacturing or obtaining custom or unique goods for which no ready market exists.
4. K between merchants: written confirmation of terms sent by one party and received by the other satisfies the sof, unless written notice of objection within 10 days.

plus, promise to make a will or testamentary devise or bequest of property.

2. satisfaction of sof:
written memorandum of essential terms . . . signed by the defendant who is asserting the sof.

letterhead and rubber stamp=signature

essential terms: parties, subject matter, price.

3. end runs

promissory estoppel if promisor should have expected promisee to rely and promisee did rely and justice requires enforcement of the promise.

part performance is accepted by equity as an evidentiary substitute for the missing memorandum of essential terms.

restitution in quasi-contract: claim is for market/reasonable value of plaintiff's performance, not for loss of expectation created by the unenforceable promise.