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Contract Formation Statute of Frauds

Texas Mineral Deeds Survive the Statute of Frauds

by Gray Reed & McGraw on

According to Mr. Bumble, the law is an ass. I disagree (Know a lawyer who’s an ass? That’s another conversation). In Davis v. Mueller the law was not an ass, per se, but as applied by the Texas Supreme Court it showed little...more

Text on the Dotted Line: A Text Message Can Create a Binding Contract

by Dechert LLP on

Here’s another story in the “It never gets easier” file. The Massachusetts Land Court recently decided a case that perhaps we should have all guessed was coming. This is the above the fold headline: Text...more

Beware: Sending A Text Message Can Be Just as Binding as Signing a Document By Hand!

by Burns & Levinson LLP on

We have all heard stories about the dangers of social media, whether it be an inappropriate tweet, a regrettable Facebook posting or a misdirected “sexting.” The decision issued by the Massachusetts Land Court in St. John’s...more

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

by Burr & Forman on

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more

ABA California Lending Law- Section X

by Buchalter on

A. Loan Commitments - Under California law, a loan commitment, which is commonly set forth in a commitment letter, is binding on a lender only if the commitment letter contains all of the material terms of the loan and...more

Second Circuit: Oral Agreement to Pay Commissions Not Barred by Statute of Frauds

by Hinshaw & Culbertson LLP on

A recent opinion from the Second Circuit Court of Appeals reaffirms that the Statute of Frauds will not void an oral agreement to pay commissions if the agreement lacks a fixed duration. In Kroshnyi v. U.S. Pack...more

Legislature Enacts “5 Second Rule” For Electronic Contracts To Sell Real Property

by Allen Matkins on

The Statute of Frauds has been a part of Anglo-American jurisprudence for centuries. It made its first appearance in the wake of the English Civil War (yes, they had one too but for very different reasons) when King Charles...more

An Accidental Peril of Electronic Communication

Text message: “Awesome.” Is that any way to form a contract? In 2011, a Florida state court said it was. It was as early as 1677 that the British Parliament passed the Statute of Frauds, which generally provided...more

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