promises and to transfers of Interests in land. Many other countries that once h
ID: 2474281 • Letter: P
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promises and to transfers of Interests in land. Many other countries that once had such stat- 8collateral ve Tatified the con or the CisG does not incor ent). Article 11 of the CISG does not incor- utes have also repea porate any Statute of Frauds provisions. Rather, it countries, such Fanceteint e convention utes have also repealed all or parts of them. Some , have never required cer- as France, states that a "contract for sale need not be concluded tain types of contrat to ntracts to be in writing. REVIEWING The Statute of Frauds-Writing Requirement and Electronic Records a Charter sales eelt Inati n toufictmrenths wils e na are en's oition wth Charter Golf, Inc, manufactures and sells golf apparel and supplies. Ken Odin had worked as a Charter sales representative for six months when he was offered a position with a competing firm. Charter's president, Jerry Montieth, offered Odin a 10 percent commission "for the rest of Ken would turn down the offer and stay on with Charter. He also promised that Odin would not fired unless he was dishonest. Odin turne years later, Charter fired Odin for no reason. Odin sued, tion presented in the chapter, answer the following questions. his life" if be Three d down the competitor's offer and stayed with Charter. alleging breach of contract. Using the informa Would a court likely decide that Odin's employment contract falls within the Statute of Frauds? Why or why not? 1. 2. Assume that the court does find that the contract falls within the Statute of Frauds and that the state in which the court sits recognizes every exception to the Statute of Frauds discussed in the chapter. What exception provides Odin with the best chance of enforcing the oral contract in this situation? REVIEWING CONTINUESExplanation / Answer
1.
No the employment contract with Montieth does not fall under the statue of fraud because Montieth has not given any written commitment for the promise he has done with Odin. If it was a legal document or if this conversation had a legal proof then surely this would have been under the statue of frauds.
The exemption which best suits to the oral contract is that there should be living evidence present for the same. There should be a person who is neither from Odin is side nor from Montieth side that is not benefitted from either party. If he gives a statement in Odin is favor, that statement will be recognized as proof.
2.
This would again not satisfy the statute of frauds because something is only considered legal if and only if that has a signature or a stamp over it. Suppose that Montieth has given a pencil written document and has a signature over it then the document will be considered legal otherwise not.
In this case, yes Millie can defend successfully on the bases of impossibility of performance. Impossibility of performance is a circumstance, condition, or fact beyond the control of the parties may excuse performance where (1) means of performance is not available (due to its deterioration or destruction), (2) new or existing legislation prevents the performance, (3) an illness or death renders it unfeasible, and/or (4) delivery or payment cannot be effected for whatever reason (Miller, 2008). When Millie signed the contract with Frank for 10,000 bushels of corn, she was not planning on their being weather issues and a drought that would affect the crops. The weather is not something that is controllable and would fall under the discharge by operation of law. This is an unforeseen event that the courts could consider commercially unfeasible.
This case also could fall under the temporary impossibility which means that an occurrence or even makes performance of growing the corn to be impossible to be grown this year with weather conditions, but maybe Millie might be able to make up for the difference next year.
References
Miller, R. &. (2008). Fundamentals of business law part I. Boston MA: Cengage.
Unknown. (n.d.). BusinessDictionary.Com. Retrieved July 8, 2012
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