Warning

Info

LSDefine

Simple English definitions for legal terms

part-performance doctrine

Read a random definition: appellate procedure

A quick definition of part-performance doctrine:

The part-performance doctrine is a rule that allows a party to enforce an oral contract, even if it violates the statute of frauds, if the party has already performed part of the contract in reliance on the other party's oral promise. This means that if one party has already done something in the agreement, like taking possession of property or making improvements, a court may enforce the contract even if it was not in writing. This rule was established by English courts of equity and is based on the idea that it would be unfair to allow one party to back out of an agreement after the other party has already relied on their promise.

A more thorough explanation:

The part-performance doctrine is an equitable principle that allows a party to enforce an oral contract that would otherwise be unenforceable under the statute of frauds. This doctrine applies when one party has partially performed their obligations under the oral contract in reliance on the other party's oral promise.

For example, if John orally agrees to sell his car to Jane for $5,000, but they do not put the agreement in writing, the contract is unenforceable under the statute of frauds. However, if Jane pays John $2,500 and takes possession of the car, the part-performance doctrine may apply. Jane has partially performed her obligations under the oral contract by paying John and taking possession of the car, and she did so in reliance on John's oral promise to sell her the car. Therefore, a court may enforce the oral contract despite the lack of a written agreement.

The part-performance doctrine is an exception to the statute of frauds and is based on the principle of equity. It allows a court to enforce an oral contract when it would be unfair to allow one party to back out of the agreement after the other party has partially performed their obligations.

part performance | part-sovereign state

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
im so dumb its literally Saturday
bbq it is
law school has made me unaware of the days of the week
me too, me too
amlaw
17:40
do you guys want to hear my newest irrational fear
[] ararara
18:18
That you have so much fun tonight dancing after the sun goes down you fall in love but way too hard and your heart pops!
[] ararara
18:19
Hi wherever you are hope you have a great Saturday! Stay hydrated!
hydrating! 👹
[] ararara
19:12
Hahah lolll show those fools your dance moves!! I am actually about to start working until about 4 in the morning so I can go out of town Tuesday so avenge me!
[] ararara
19:12
I came face to face with an Amazon worker on prime day though and that was crazy. Don’t think I’ll ever forget that. They looked completely drained it was insane.
rip to that young lad, wishing them hydration and days off from work. don’t work yourself too hard ara! chronic stress kills!
[] ararara
19:16
Thanks wasp right back at you! You too! This work is really interesting! It’s one of three jobs where it’s been hard to stop before school starts for sure.
babybunny
22:59
you have to be the art hoe gf u want to see in the world
willing
manifestmoreadmissions
0:24
bunny i am trying so hard idk if i can cut it
amlaw what's your fear
amlaw
10:02
that i got rejected from washu and just didn't see the email even though i've checked my spam and everything because they don't change their portals at all
that sucks :(
amlaw
10:36
and i know its crazy lol
hahaha yes it is crazy lol
babybunny
15:03
Heard Biden dropped out of the race. Made me remember when you said bye den dropped out of my life. You'll always be my first choice nominee. No need to text back
amlaw
15:03
i have never fully comprehended any of your messages bunny
when you said bye den dropped out of my life
i have a 3.38 and hope to get a 175+ on the LSAT
Does anyone know which schools place in federal positions outside of T14? UT,SMU, TAMU, George Mason, George Washington, ASU)
odds for sls waitlist this cycle?
Justvibin123
18:33
Who ever is accepted at Wayne state and is not attending can you please withdraw your app 🥹
LSD+ is ad-free, with DMs, discounts, case briefs & more.