The Statute Of Frauds

3041 Words7 Pages

Introduction A contract is a promise that the law will enforce. In situations where a promise is breached, the law provides remedies. A contract is created when a promise that is made by a party creates a duty. Contracts all contain common elements of Offer, Acceptance, and Consideration, and may have two more parties known as promisors, promises, or beneficiaries. For a contract to be enforceable it must be made by competent parties. For example, if a contract is entered into where one party is a minor, not mentally competent, or insane, even if the other person believes it to be an enforceable contract, it will likely be found to be invalid in court. Contracts are principally governed by statutory and common law at the state level. The …show more content…

The statute of frauds requires that certain types of contracts must be written. The statute of frauds intended purpose is to prevent a party from being able to prove an agreement that is in reality nonexistent through fraud. While different jurisdictions vary in how the statute of frauds is incorporated into law, its principal characteristic is that no suit or action may be taken on a contract unless there is a written document that identifies the parties and describes all terms and conditions of the contract, that is signed by the party that is to be charged. Mutual Assent For a contract to be formed, there must be an agreement between both parties. Both parties must have a meeting of the minds, or a common intention on the contract terms and agree to the same bargain. This agreement is known as mutual assent. Other than exceptions that pertain to the sale of goods which are discussed below in Article 2 of the Uniform Commercial Code, if there are any terms that are not settled or if no settlement method is provided, then there is no agreement. If both parties intend on the agreement to be binding and concur on the terms, the agreement is binding, even if all of the details of the agreement are not definitely fixed. The Mailbox …show more content…

Liquidation damages are available when damages may be hard to foresee. They must be a fair estimate of what damages would be in the event of a breach. These damages are included in the contract and both parties must agree to them during negotiations. Nominal damages are awarded by a judge when an injured party does not actually incur a monetary loss, but the judge wishes to show that the non-breaching party was in the right. Typically nominal damages are awarded in tort cases that involve a breach of contract and are rarely awarded in contract cases due to the fact that most contract breaches involve some level of loss to one of the parties involved. Punitive damages are damages that punish a party that commits a breach with the intent of deterring that party from committing future contract breaches. Like nominal damages, they are not often awarded in contract cases and are much more common in tort cases. Reformation: An equitable remedy that is applied when a written agreement doesn’t correspond with the contract that was formed as a result of either fraud or a mutual mistake in the drafting of the agreement is known as

More about The Statute Of Frauds

Open Document