Statute of Frauds (Contracts assignment)

** Note: Under the Statute of Frauds, contracts must be memorialized in a writing that specifies parties, subject-matter, quantity, and prices—and includes the signature of whomever the contract would be enforced against—whenever the contract:
(a) requires more than one year to perform;
(b) involves the sale of land, or involves estates, or easements, or leases for more than one year;
(c) involves the sale of goods valued at $500 or more;
(d) is a suretyship, e.g. co-signing; collateral;
(e) involves executorship, e.g. administration of a corpse’s stuff;
(f) involves marriage.
**

Prompt: Give an example of circumstances that would trigger the applicability of the Statute of Frauds due to the one-year rule. Explain why the one-year rule would trigger the applicability of the Statute of Frauds under your example.

Answer:

Princess and Chivalry mutually assent to contract regarding Princess’s OnlyFans cam show—”Empowered Sassy Trash TV.” The terms are that Chivalry will give Princess $1,300, in 13 monthly installments, and Chivalry will get 13 months of access to watching Princess sit around at home in her underwear, complaining about the gender wage-gap, “capitalist dogs” who fail to progressively value Dr. Princess’s Phd. in Dance Therapy, and “those misogynist devils” who fail to properly acknowledge Princess’s constitutional right to convenient infanticide under Roe v. Wade.

Would the Statute of Frauds apply?

The Statute of Frauds applies to any contract which, by its terms, requires more than one year to complete—unless complete performance occurs by one of the parties before one year. Here, Chivalry’s contract with Princess, by its terms, cannot be completed in one year. There is the possibility that the parties intended that Chivalry could prepay xer money. By such prepayment, if it were to occur before one year, the Statute of Frauds would not apply to the contract, and the court would enforce the contract even without the parties conforming their contract to the Statute of Frauds’ writing requirements. Setting aside the possibility of prepayment, the Statute of Frauds would apply under the one-year rule.

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