AL Bar Practice Questions - Alabama Bar Examination Exam

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A contract falls within the Statute of Frauds because it cannot be performed within one year. The parties have an oral agreement only. One party has fully performed. Under the majority approach tested on the MBE, can the Statute of Frauds bar enforcement?

Yes, oral contracts within the Statute of Frauds are always unenforceable Under many approaches, full performance by one party (or part performance with reliance) may take the contract out of the Statute of Frauds or otherwise permit recovery No, the Statute of Frauds never applies to one-year contracts Yes, but only if neither party performed

Correct Answer:

Under many approaches, full performance by one party (or part performance with reliance) may take the contract out of the Statute of Frauds or otherwise permit recovery

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