statute

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statute

Any law enacted by a state legislature.
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The following discussion centers upon several key concepts, including the Statute of Frauds, delivery of communications, the parol evidence rule, and consideration.
In promulgating the FAR, DoD, GSA, and NASA jointly issued a statement regarding the overall purpose of the FAR.(104) One of the goals in drafting the FAR was to "produce a clear, understandable document that maximizes feasible uniformity, in the acquisition process."(105) Consider how a statute of frauds, universally enforced, aids the spirit and purpose of the FAR by furthering the interests of clarity and uniformity.
Case law generally supports the conclusion that telegrams, telexes, mailgrams, and even tape recordings satisfy the writing requirement.(4) More than a hundred years ago, New Hampshire's highest court, in language as applicable to EDI as to telegraph transmittals, held that offer and acceptance by telegraph satisfied the statute of frauds:
On the other hand, where the parties are "strangers," in the sense that they lack any history of prior dealings, they ought to have an ex ante expectation that legal enforcement may well be necessary and this expectation should motivate them to rationally comply with the Statute of Frauds's writing requirement, even in transactions that are quite simple.
(105) And while contracts in consideration of marriage come within the statute of frauds, gifts in anticipation of marriage do not; hence, gifts in anticipation of marriage are formalized no differently from other gifts.
Parties cannot avoid the nonenforcement outcome set by the Statute of Frauds or by the consideration doctrine just by reciting that they prefer enforcement.
This freestanding provision creates ambiguities by failing to explicate its relationship to the separate statute of frauds in effect within a state.
We were retained to represent the estate, and sent a letter to Gutman's attorney informing him that the alleged contract was unenforceable under the statute of frauds and demanding that he discontinue the action and remove the notice of pendency.
Focus: Statute of Frauds Unjust Enrichment Andrew Wyderka appeals from a judgment awarding $2593.00 to Ronald Collison.
Thus, in light of the UETA, an email with a signature, particularly one in which a party has typed his or her name at the end of the message, may meet the written contract and signature requirements of the "statute of frauds." The statute of frauds is a contract law widely adopted under state laws that requires certain contracts (typically agreements not performable within one year and real estate agreements) to be signed and in writing.
(93) The California statute of frauds would have barred enforcement of the oral agreement, while Nevada law would have allowed it.
Coverage includes consideration as benefit or detriment, consideration as bargain, alternatives to consideration, promise for benefit already received, manifestation of mutual assent, sequential assent by offer and acceptance, defenses to contract enforcement, defenses based on lack of capacity to contract, violation of public policy, statute of frauds, content and meaning of the contract, using extrinsic evidence to understand a contract, implied contract terms and provisions, express conditions, performance and breach under common law, repudiation, remedies at law, and third party rights and duties.