Struggling to nail down the Statute of Frauds for the bar exam? You're not alone! Angela admits it's a topic that can be "pretty annoying" to remember under pressure. But fear not! Episode 11 of Angela's "Study for the Bar in Your Car" podcast offers a solid roadmap to master this critical area of contract law.

This episode, drawing directly from Angela's meticulously organized notes, demystifies the rules requiring certain contracts to be in writing and signed to be legally enforceable, serving as a vital defense against fraudulent claims.

You'll explore the six main categories of contracts that fall under the Statute of Frauds, often remembered by the mnemonic "MY LEGS":

• Marriage: This isn't just a promise to marry, but promises made in consideration of marriage, such as prenuptial agreements involving property.
• Year (One-Year Rule): Contracts that cannot possibly be performed within one year from their making must be in writing. The key here is "possibly"—even if it's highly unlikely, if completion within a year is theoretically conceivable, it falls outside the statute.
• Land: Any contract for the sale of an interest in land (including easements, though often not short-term leases) generally requires a writing. However, the episode highlights crucial exceptions like full performance by the seller or sufficient part performance by the buyer (e.g., payment, taking possession, and making improvements).
• Executor/Administrator: A promise by an estate's executive or administrator to pay the estate's debts from their own personal funds must be in writing.
• Goods (Sale of Goods): Under UCC Article 2, contracts for the sale of goods priced at $500 or more require a writing. The writing must show a contract was made, identify parties, contain a quantity term (essential), and be signed by the party to be charged. The UCC's definition of "signed" is notably liberal, sometimes even including a company letterhead. The contract is enforceable only up to the quantity stated in the writing. Key exceptions include:
  • When goods have been received and accepted, or payment has been made and accepted.
  • For specially manufactured goods that are custom-made and not easily resalable.
  • If a party admits in court that a contract was made.
  • A merchant's written confirmation to another merchant, if not objected to within 10 days, can satisfy the statute.
• Suretyship: A promise to answer for the debt or default of another person (a guarantee) typically needs to be in writing. A critical nuance discussed is the timing of consideration: a gratuitous suretyship promise made after the original loan or benefit has been extended may fail for lack of consideration, even if in writing.

The podcast emphasizes that if a contract falls under the Statute of Frauds and lacks the required writing (and no exception applies), it is generally unenforceable at the option of the party being sued. It's a defense that must be affirmatively raised.

Tune into "Study for the Bar in Your Car" to clarify these intricate rules and avoid common bar exam traps. Angela's notes will help you spot these situations quickly and confidently. Subscribe now and accelerate your legal learning!