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Contract Formation Statute of Frauds

Ward and Smith, P.A.

"But We Were Just Negotiating:" Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract

Ward and Smith, P.A. on

Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is only a string of emails....more

Felicello Law PC

Speak Carefully When Doing Business Abroad

Felicello Law PC on

How many times has a CEO or another executive reached a deal “in-principle” with a non-U.S. company by telephone or over a lunch or dinner meeting? Mostly likely, the dealmaker walks away from the meeting thinking that the...more

Law School Toolbox

Law School Toolbox Podcast Episode 272: Listen and Learn -- The Statute of Frauds (Contract Law)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we take a look at the Statute of Frauds, or the types of situations that are susceptible to fraud and therefore require...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 102: Listen and Learn -- The Statute of Frauds

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, where we review a substantive area of the law and apply it to fact patterns. This time, we're focusing on the Statute of...more

Allen Matkins

California Lawsuit Against President Trump Raises Issue Of Consent

Allen Matkins on

Earlier this week, Stepanie Clifford, aka Stormy Daniels, filed a lawsuit against President Donald Trump in the Superior Court for the County of Los Angeles. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar....more

Gray Reed

Landman Defeated By The Statute Of Frauds

Gray Reed on

Proving once again that gratitude is the rarest of human emotions, a contract between a landman and his client was deemed unenforceable, leaving the landman with nothing, even though he actually secured oil and gas leases for...more

Gray Reed

Texas Mineral Deeds Survive the Statute of Frauds

Gray Reed 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

Dechert LLP

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

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

Burns & Levinson LLP

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

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

Burr & Forman

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

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

Buchalter

ABA California Lending Law- Section X

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

Hinshaw & Culbertson LLP

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

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

Allen Matkins

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

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

McNees Wallace & Nurick LLC

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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