Syllabus Section 22 – Reliance and the Statute of Frauds (SOF)

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(1)If the party against whom enforcement is sought admits there was a K, the K is enforceable despite the SOF, so then why would the party against whom enforcement is sought admit there was a K? — Not everyone lies, not everyone is well advised, there may be other reasons to admit, but then one will be denied non-enforceability on grounds of SOF.
(2) All construction k’s are assumed to be outside it, as Ktor can hire a million people and build it quick. Although this is certainly possible, it does not seem reasonable to ever expect someone to do that. — absolutely correct. The rule reflects judicial hostility to SOF.
(3)Does the “one-year rule” requirement of service for the statute of frauds (SoF) also apply to the sale of goods? — The issue is whether UCC2-201 “displaces” the common law rules (UCC 1-103). Most courts, I believe, have said “Yes.” Yo are to proceed on that assumption, as it is one reason why answering the mixed goods/services question is important.
(4)§139 says “is enforceable notwithstanding the Statue of Frauds” compared to the language of §90 which says “is binding,” does that change how they are applied? — 90 makes the promise enforceable. 139 rejects the SOF as an argument against an otherwise enforceable contract.
(5)I think the definition of injustice is very mechanical and does not adequately address the nature of justice. — Yes. I hope you can make more arguments for your clients about why an injustice is being done to them. But note, injustice and justice are (IMHO) two distinct concepts. Injustice is not the absence of justice. To use Holmes, a dog knows nothing about justice.
(6) What if B promised to pay C a sum of money every year for 5 years, does that then fall within the Statute of Frauds? Or would a definite time frame in this example still not matter because theoretically, C could die in less than a year? I added “fully” to the 1 year rule in the text to help answer this question. A lifetime employment contract would be fully performed if the person dies before the end of the year. A 5 year contract cannot be fully performed in less than a year even if the person dies.
(7) What are the purposes of the SoF? — The purposes of the SoF are the standard purposes for imposing any formal requirement: Cautionary and evidentiary. (Channeling is omitted as contracts provide the channel). If the court is satisfied that the parties were cautious about entering into the contract (not a very high standard) and that there is evidence of the contract, then despite the SoF, the court can enforce the contract without undermining the purposes of the SoF.

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