For consideration, Hazel orally promises to pay Jill $750 a month, on the first day of every month, for as long as Jill lives. Hazel makes the payments regularly for the first seven months and then makes no further payments. Jill claims that Hazel has breached the oral contract and sues Hazel for damages. Hazel contends that the contract is unenforceable because, under the Statute of Frauds, contracts that cannot be performed within one year must be in writing. Discuss whether Hazel will succeed in this defense.

Question

04-02-2020
Business

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For consideration, Hazel orally promises to pay Jill $750 a month, on the first day of every month, for as long as Jill lives. Hazel makes the payments regularly for the first seven months and then makes no further payments. Jill claims that Hazel has breached the oral contract and sues Hazel for damages. Hazel contends that the contract is unenforceable because, under the Statute of Frauds, contracts that cannot be performed within one year must be in writing. Discuss whether Hazel will succeed in this defense.

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sadddamkashmiri801 sadddamkashmiri801 · Answer 1 · 2020-02-04T10:45:33+01:00

Answer:

Hazel will have to pay Jill $750 for his remaining life because Hazel had received something which is very expensive in return in compensation of his lifetime monthly payments of $750 to Jill. So this means that the 100% contract is enforceable.

The contract formation can be proved in the court because when Hazel will say that the contract is not written so according to Statute of Fraud he is not liable to pay Jill. This means he is agreeing at the point that the contract was in place.