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Answer :
Final answer:
Since Farmer Pete's letter lacked the essential terms of the sale and an advertisement cannot constitute an enforceable contract, the court is likely to find that no contract was formed under the statute of frauds.
Explanation:
The question revolves around whether Bob can enforce a contract against Farmer Pete to purchase a farm, based on an advertisement and a non-specific letter from Pete, under the statute of frauds. The statute of frauds requires certain contracts to be in writing and to include all essential terms to be enforceable.
Since Farmer Pete's letter to Bob lacked the terms of the sale and considering the advertisement itself cannot be considered a sufficient written contract, the court is likely to side with Farmer Pete. The advertisement combined with a non-specific, written communication does not satisfy the statute of frauds as it lacks the specificity required for a contract of this nature (involving the sale of real estate). Real estate contracts must specifically outline the agreement's terms, including property details, the sale price, and both parties' signatures; the lack of such information in the communication between Bob and Farmer Pete suggests that no enforceable contract was formed under the applicable legal doctrines.
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The court will likely find the contract unenforceable under the statute of frauds because the essential terms of the sale were not included in the written communications between Farmer Pete and Bob.
- Farmer Pete owned a farm that he was planning on selling for about $250,000. He decided to run an advertisement in the local newspaper. Bob saw the advertisement, called Farmer Pete, and offered to purchase the farm. Later, Farmer Pete wrote Bob a letter, informing him that he no longer would sell him the farm. Bob really wanted the farm and filed a lawsuit against Farmer Pete, seeking to enforce the contract.
- The court will likely determine that the contract between Farmer Pete and Bob is unenforceable under the statute of frauds.
- The statute of frauds requires that certain contracts, including those for the sale of real estate, be in writing and signed by the party to be charged, and that the writing includes the essential terms of the contract.
- In this case, while Farmer Pete's advertisement and letter may indicate his intention to sell the farm, they do not collectively constitute a sufficient writing under the statute of frauds because they lack the necessary terms of the sale. Therefore, without a complete written agreement outlining the terms, the contract cannot be enforced.