Reference no: EM131719729

Original question

As your text explains, the Statute of Frauds requires certain types of contracts (such as contracts to buy or sale land) to be both made in writing and executed with the physical signatures of all the parties involved.

This requirement was clearly not met. Further, the undisclosed recording of the agreement constitutes a crime. Was a fair result handed down in this matter? What, if anything, would you do to modify the Court's decision?

Students Answer

I have a lot of mixed thoughts for this case and its results. What I do know is that illegal taping of a conversation without the consent of the other party is illegal. Sometimes it is necessary to prove a he said she said, but illegal it is.

What I found interesting in this case is the fact that to satisfy the statue of fraud contracts, it is for the sale of goods for $500 or more (under the U.C.C.). So, is money (a bonus) considered a good? "the Statute of requires that six kinds of contracts be put in writing to be enforceable. If a contract falls into one of these five categories, the contract is "within the statute" and must be in writing.

If the contract does not fall into one of these six categories, the contract is "outside the statute" and does not need to be in writing" (Statute of Frauds).

Also reading some further articles I came upon this "If bonus pay is discretionary by the employer, it is not considered to be a contract. Unfortunately, the ruling went against Sawyer, but she did get some money, maybe not the promised amount, but something. I know that I would have liked to have heard the tape recording (I know it's illegal), but it would be nice to see what kind of boss he really is?

Statute of Frauds: The Doctrine of Equitable Estoppel and the Statute of Frauds. (1967). Michigan Law Review, 66(1), 170. doi:10.2307/1287174

Heathfield, S. M. (n.d.). What Is a Bonus and Why Might an Employer Pay Them?

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