Estoppel
Issues:
Do Annie & Billy have a contract for the sale of land?
Are there any remedies available for Billy under equitable estoppel?
Law
Statute of Frauds
The Statute of Frauds requires that contracts involving land be evidenced in writing. This includes sales, leases, mortgages, the creation of easements and other interests in land. The document must contain the details of the agreement, including names of the parties, the subject matter of the contract, the consideration, and the material terms and it must be signed by the party being sued. The statute of frauds does render a contract void but it makes a voidable by one party such that if one party wishes to rescind the contract he or she may do so.
Exception to Statute of Frauds
An action in estoppel does not require that agreements be evidenced in writing. In Walton v Maher, the court held that the statute of frauds does not apply where the basis for the enforcement of rights is estoppel and not contract. An action......
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Approximate Pages: 6 (250 words per double-spaced page)
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