Statute Of Frauds question, very important. PLEASE help!?

Question

In a case where John gives Jane gives a sum of money over $500, gives her specific information on what to do with it part of it and tells her that she can do with the rest as she sees fit, and Jane [verbally] says she will follow those instructions, but doesn't, can the Statue of Frauds be applied?

Answer 1

The SoF requires contracts to be in writings for a half-dozen or so specific types of transactions.

So, go through the list -- is it a sale/lease of real property -- sale of goods over X amount -- security for the debt of another -- contract relating to marriage -- contract that cannot be completed within one year -- etc.

If none of those specific situations apply -- the SoF does not apply.

Answer 2

The Statute of Frauds was created to prevent problems with verbal contracts concerning unagreed with or uncertain terms.

A partial list of contracts that are within the Statute of Frauds includes; promises to answer for the debt or duty of another, contracts not to be performed within one year from the making thereof, contracts to sell any interest in real property, contracts not to be performed within the lifetime of the promisor and the provisions of UCC 2-201 (contracts for the sale of goods for the price of $500 or more).

If the Statute of Frauds applies, and there is no writing, the contract may be unenforceable..

In this case, the facts are very vague.

It appears that this is services contract, for Jane to perform as a "Buyer" on the behalf of John.

However, since the facts don't indicate that such services cannot be performed within a year, this may not fall under the provisions of the Statute of Frauds.

Thus, John may have an enforceable oral contract that he can seek damages from Jane for breach of the oral contract.

Answer 3

If you are asking whether their agreement must be in writing to be enforceable, then no, I don't think it would need to be. A state's statute of frauds usually requires a written contract for:

An agreement for the sale of real estate
A contract which by its terms cannot be performed within a year
A contract in consideration of marriage.
A contract for a sale of goods over a statutory amount
A contract to guarantee the debts of another

Some states have additional specific requirements, but these are the biggies. Since none of these appear to apply on the facts you state, no writing would be required.

Answer 4

I do not think so. There was no legal document stating where the money had to go. So it could be considered speculatory on what was actually going to happen and fraud would not apply due to verbal instructions that could be misinterpreted. But I am not an expert in this field, and I could be way wrong.
Signed,
Walter; 3rd hour ;)

Answer 5

I was reading in a contractual law book about implied contracts and fraud. There was a synopsis similar to this and the conclusion was that the person could sue for failure to perform, not fraud. Fraud had a malicious intent provision and I think that it must be a greater value then $500.00. That also may be within this State, IL. Your State may be different.