BLAW 3201 Chapter : Blaw Ch 15
Document Summary
Rule: contracts within the statute of frauds must be evidenced by a writing to be enforceable. Electronic records (272)- full effect is given to electronic contracts and signatures. Suretyship provision (273)- applies to promises to pay the debts of others. Promise must be collateral- promisor must be secondarily, not primarily liable. Main purpose doctrine- if primary object is to provide an economic benefit to the surety, then the promise is not within the statute. Executor-administrator provision (274)- applies to promises to answer personally for duties of decedents. Marriage provision (274)- applies to promises made in consideration of marriage but not to mutual promises to marry. Land contract provision (274)- applies to promises to transfer any rights, privileges, powers, or immunities in real property. One year provision(274-5)- applies to contracts that cannot be performed within one year. The possibility test (274-5)- the criterion is whether it is possible, not likely, for the agreement to be performed within one year.
