Contratos y EjecuciónPregunta 803 de 1605
A landowner orally promises to sell a vacant lot to a contractor, and both shake hands. When the landowner backs out, the contractor sues to enforce the oral sale. The strongest defense the landowner has is:
a.The object was unlawful
b.The contractor lacked capacity
c.Lack of consideration
d.The Statute of Frauds bars enforcement of an oral contract to sell real property
Explicación
A contract for the sale of real property must be in writing and signed by the party to be charged under the Statute of Frauds. A mere oral handshake to sell land is generally unenforceable, giving the landowner a Statute of Frauds defense. Consideration, capacity, and legality are not the problem here; the defect is the absence of a signed writing for a land sale.
Referencia Legal: California Civil Code §1624Practica las 1605 preguntas gratis — sin registro.
Preguntas relacionadas de este tema
- A contractor already under contract to frame a house for $40,000 demands an extra $5,000 midway through, claiming the job is 'harder than expected,' but the scope has not changed. If the owner reluctantly agrees, the promise to pay the extra $5,000 is generally:
- Under the Statute of Frauds, which type of agreement generally must be in writing to be enforceable?
- Which of the following contracts is LEAST likely to be required in writing under the Statute of Frauds?
- The main purpose of the Statute of Frauds is to:
- A material breach of contract is best described as a failure to perform that:
- The primary goal of compensatory ('expectation') damages for breach of a construction contract is to:
Última revisión: · proceso editorial
Sen Lin, Fundador de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)