The Doctrine of Part Performance as It Relates to the Statute

question 70

Multiple Choice

The doctrine of part performance as it relates to the Statute of Frauds means that

• A)if the plaintiff can show that it has partly performed a contract,then the defendant will have to pay for the portion of the contract performed.
• B)a defendant who partly performs an oral contract is entitled to enforce the oral contract.
• C)if a plaintiff can show that he or she has partly performed an oral contract concerning land in reliance on the contract,the court will accept the part performance as evidence of the contract in place of the written contract.
• D)a plaintiff who partly performs an oral contract is entitled to rely on such performance as evidence of the contract.
• E)if a plaintiff can show that he or she has performed part of any oral contract,the court will accept such part performance as evidence of the contract in place of the written contract.

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Definitions:

Breach

The violation of a legal obligation, rule, or agreement.

Legally Recognizable Injury

A harm or loss that the law considers sufficient to provide a basis for a lawsuit.

Negligence Action

A legal action taken for injuries or losses resulting from the failure of an individual to exercise reasonable care.

Duty Of Care

Duty of care refers to the legal obligation to exercise a level of care and caution that an ordinarily prudent person would in similar circumstances to avoid harm to others.