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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

In an otherwise valid oral sale, the seller accepts part of the agreed price as performance under the sale. The sale is now partially executed. The seller invokes the Statute of Frauds as though nothing had been performed. Which is best?

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Acceptance of price transfers every unrelated property of the seller. The Statute of Frauds does not govern the partially executed contract in that manner; acceptance of the contractual benefit also falls within Article 1405’s ratification rule. The buyer must invent a criminal charge to rely on performance. Part performance necessarily makes the contract void.

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