Terms in this set (7)
What are the 6 additional contracts required to be in writing under the Florida statute of frauds?
1.) Health care guarantees;
2.) Debt barred by statute of limitations;
3.) Newspaper subscriptions;
4.) Home solicitation sales;
5.) Home improvement contracts; AND
6.) Credit agreements
What is the Florida law on Discharge of Contractual Duties by Impracticability?
The rationale is that circumstances causing breach have made performance "vitally different" from what was anticipate, so that the contract CANNOT reasonably be thought to govern
What is the Florida rule regarding a promise to pay a debt barred by the statute of limitations?
In Florida, a promise to pay a debt barred by the statute of limitations is enforceable if it is in writing AND signed by the party sought to be charged.
i.e. STATUTE OF FRAUDS
What is the Florida law regarding the capacity to contract of a married minor?
In Florida, marriage of a minor REMOVES contractual incapacity, NOTWITHSTANDING the subsequent death of a spouse or dissolution of the marriage
Under Florida law, when is a minor estopped from raising legal capacity as a defense to enforcement of a contract?
If the minor INDUCED the other party to enter into the contract by fraudulently misrepresenting that he/she had reached the age of majority
What are the 3 Florida statutory exceptions to legal capacity to contract?
1.) Minors 16 years old or older to borrow money for their own higher education, with interest NO higher than rate for federal Guaranteed Student Loan;
2.) Eligible minors to participate in benefits of Home Farm, and Business Loans Act of the federal government
3.) A minor, whether married or not, to contract for the medical services for her child or her pregnancy
What is the legal test applied by a Florida court to determine whether there was consideration?
Either the promisor or the promisee must receive a legal benefit or suffer a legal detriment.
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