Quiz 15: The Statute of Fraudswriting Requirement and Electronic Records

Business

The Requirement of Writing: In the case of Salim v. Solaiman 302 Ga.App. 607, 691 S.E.2d 389 (2010) the trial court issued judgment in favor of Solaiman after finding the parties' purchase agreement to be unenforceable because the real property to be purchased was not sufficiently described. The contract for purchase was voided. The appellate court affirmed the judgment. Salim argued that the contract should be deemed enforceable because he wanted to bind the purchasers to the sale. Also, he did not want to return the deposit and monies paid to renew the alcohol sales license, which was not stipulated in the agreement for purchase. Salim was not in violation of the contract, and so a claim for breach of contract would not have been successful.

a). The One-Year Rule - One Year Term: In order for an oral contract to be enforceable, it must be possible to complete the contract within one year after the date of the contract. So long as Benson exercises the right to begin performance immediately, the contract will be possible to complete within the one-year requirement. Hence, the oral contract was possible to fulfill within the one-year rule and therefore enforceable under the Statute of Frauds. b). The One-Year Rule - Nine Month Term: In order for an oral contract to be enforceable, it must be possible to complete the contract within one year after the date of the contract. Benson may not begin employment until September 1, and nine months later the contract would expire on May 31. That time frame falls outside of the requirement to perform the contract within one year from the day after the contract is entered into. The contract is entered into on May 5, and the contract will be impossible to complete within the one-year requirement. Hence, the oral contract was not possible to fulfill within the one-year rule and therefore unenforceable under the Statute of Frauds. c). The One-Year Rule - Two Year Term: In order for an oral contract to be enforceable, it must be possible to complete the contract within one year after the date of the contract. So long as it is possible for Benson to complete and submit the research covered under the oral contract within the one-year time limit, the contract will be enforceable. The Two-year deadline served as a guideline and not a contract term. Hence, the oral contract was possible to fulfill within the one-year rule and therefore enforceable under the Statute of Frauds.

The Requirement of Writing: In the case of Salim v. Solaiman 302 Ga.App. 607, 691 S.E.2d 389 (2010) the trial court issued judgment in favor of Solaiman after finding the parties' purchase agreement to be unenforceable because the real property to be purchased was not sufficiently described. The contract for purchase was voided. The appellate court affirmed the judgment. In order for the sales contract to be enforceable, Salim would have had to include an adequate property description to include a detailed tract description or a key by which it may have been located with the aid of extrinsic evidence. The street address was insufficient for describing the property intended for conveyance.

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