Under the NY Statute of Frauds, which scenario requires a written memorandum?

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Under the NY Statute of Frauds, which scenario requires a written memorandum?

Explanation:
Contracts for the sale of real estate must be in writing to be enforceable under the NY Statute of Frauds. A written memorandum signed by the party to be charged, containing the essential terms (identification of the parties, a description of the property, the price, and signatures), satisfies this requirement. Thus, the real estate sale scenario requires a writing. The other scenarios don’t meet the writing threshold. For goods, the writing requirement applies only if the price is at least the statutory threshold (commonly $500), and the $300 price here is below that, so no writing is required. A service contract that can be fully performed within one year is not within the Statute of Frauds, so it doesn’t require a writing. A lease of goods under the threshold and for a term under one year likewise does not require a writing.

Contracts for the sale of real estate must be in writing to be enforceable under the NY Statute of Frauds. A written memorandum signed by the party to be charged, containing the essential terms (identification of the parties, a description of the property, the price, and signatures), satisfies this requirement. Thus, the real estate sale scenario requires a writing.

The other scenarios don’t meet the writing threshold. For goods, the writing requirement applies only if the price is at least the statutory threshold (commonly $500), and the $300 price here is below that, so no writing is required. A service contract that can be fully performed within one year is not within the Statute of Frauds, so it doesn’t require a writing. A lease of goods under the threshold and for a term under one year likewise does not require a writing.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy