Parties sometimes enter into verbal agreements but then only partly perform their obligations. For the claim of part performance to succeed, what needs to be established?
A) The acts performed by the party alleging part performance must be demonstrated to be acts that refer only to the agreement of the lands in question, and to no other.
B) It must be shown that to enforce the statute against the party who partly performed that the lack of a written memorandum would perpetrate a fraud and a hardship on the person.
C) The agreement must relate to an interest in land.
D) The agreement itself must be valid and enforceable apart from the requirement of writing, and verbal evidence must be available to establish the existence of the agreement.
E) All of these

Question

Quizplus · Accepted Answer

The doctrine of part performance requires that the acts of part performance are unequivocally referable to the agreement in question (A), that not enforcing the agreement would result in fraud or hardship due to reliance on the agreement (B), that the agreement pertains to an interest in land (C), and that the agreement is otherwise valid and can be proven through verbal evidence (D). All these elements together establish the grounds on which a claim of part performance can succeed.

Parties Sometimes Enter into Verbal Agreements but Then Only Partly