Chapter 14 – Written Contracts
-For any interest in land.
-That cannot be performed within one year.
-To pay the debt of another.
-Made by an executor of an estate.
-Made in consideration of marriage
-For the sale of goods over $500
However, once a contract is fully executed, it makes no difference that it was unwritten.
This statute exists to make sure that a plaintiff does not allege an oral promise that never existed. If that oral promise is recorded, it may be enforced by the court.
Delivers deed, excepts money from buyer.
Exception 2: Part Performance by Buyer
Buyer of land may be able to enforce an oral contract if she paid part of the price and either entered the land or made improvements to it.
Exception 3: Promissory Estoppel
If a promisor makes an oral promise that should reasonably cause the promisee to rely on it, and the promisee does rely on it, the promisee may be able to enforce the promise.
Exception: If the promisor will also benefit from the leading object of the transaction, the contract does not have to be in writing.
-the name of each party
-the subject matter of the agreement and
-all of the essential terms and promises.
-Between two merchants only.
-Does not need to be signed by the defendant.
-The seller is specifically manufacturing the good for the buyer (special items specific for buyer)
-The defendant admits in court proceedings that there was a contract, or
-The goods have been delivered or they have been paid for. (Portion Equivalent).
Exception 1: Incomplete or Ambiguous
-If a court determines that a written contract is incomplete or ambiguous, it will permit parol evidence.
Exception 2: Misrepresentation or Duress
-A court will permit parol of evidence of misrepresentation or duress.