Statute of Frauds

Is the contract subject to a statute of fraud?

Land Sale, suretyship, can’t be performed within one year, marriage, contracts by executors

Is there sufficient writing to satisfy SOF?

Identify the subject matter of the contract

indicate that the parties actually formed a contract

include the essential terms of the contract, including the term allegedly breached and

be signed by the party against whom enforcement is sought

Does an exception apply?

Full performance

Part performance

Complete performance

Full performance

Applies when all parties fully perform all their obligations under the contract

Part performance

only available for land sale contracts, asking for performance instead of monetary damages

Complete performance

Only available for contracts that take longer than a year to perform

if any one party to a contract has completely performed all of their obligations under the contract, the contract can be enforced even if there is no writing