Any Oral Offer Implicates Statute Of Frauds
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14989_harbor-wharves · REAL_PROPERTY · Choice AThe Statute of Frauds and the type of recording statute of the jurisdiction in question.
Why it's attractive
The gift-then-resale chain looks like a recording/BFP race, but a donee is not a BFP and the option was recorded — recording decides nothing.
Why it's wrong
The gift-then-resale chain looks like a recording/BFP race, but a donee is not a BFP and the option was recorded — recording decides nothing.
14989_harbor-wharves · REAL_PROPERTY · Choice BThe parol evidence rule.
Why it's attractive
Nobody is adding or varying a term outside the deed, so the parol evidence rule has nothing to act on.
Why it's wrong
Nobody is adding or varying a term outside the deed, so the parol evidence rule has nothing to act on.
14989_harbor-wharves · REAL_PROPERTY · Choice DThe Statute of Frauds and the Rule Against Perpetuities.
Why it's attractive
It spots RAP but staples on the Statute of Frauds because an offer was 'oral'; that offer was declined and all conveyances are written, so SoF never enters.
Why it's wrong
It spots RAP but staples on the Statute of Frauds because an offer was 'oral'; that offer was declined and all conveyances are written, so SoF never enters.
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