Statute Of Frauds And Contract Law

On 09/07/2016, I spoke with Janna Rolfe in the Pasco Sheriff`s Office District II Lobby in reference to a Fraud, Other Jurisdiction.

The validity of an oral contract depends on the jurisdiction, in most cases they are treated like any written one, but some situations (such as when exchanging real property) may require physical evidence such as a written agreement to back up the oral one. For oral contracts to hold water (become enforceable) they must be done correctly, like making sure there is a witness to the deal-making.

In this case, the next week, Pat moved into the house, begins living in it, and made substantial improvements. The improvement consisted of installing new carpets, window coverings, and a patio cover. The improvements, spanning a period of six (6) months, amounted to a cost of $8,000. With respect to a contract, Dan might argue that there was not a contract, or that the contract was outside the Statue of Frauds. However, any arguments to nullify the Statue of Frauds are not likely to be successful. In most instances courts attempt to find evidence that this defense is not supportable. Performance is more relevant in this case. A contract for the sale of real property will be enforceable if the buyer has taken possession and has made permanent improvements upon it. Of course, the extent of the improvements required for enforcement varies from jurisdiction

On August 25th 2015 Co-Founder of OXYwater Preston J. Harrison and his Wife Lovena Harrison were sentenced for Wire Fraud, Money Laundering and Tax Crimes. (Investor Claims, August 2015). I chose this case because it has many different types of fraud, including wire fraud, money laundering, and tax fraud, conspiracy to commit fraud, concealment of fraud, theft and misappropriation of funds. What makes this case so interesting is that the husband and wife co-owners of OXYwater are not the only criminals. Their co-conspirator was Thomas E. Jackson;

Graham I see that we disagree with whom should win the case, but I understand where you are coming from. Enterprise was paying and improving the property so it makes me wonder why Jane wanted to evict them after one year. Jane was probably trying to make a profit from someone else or selling the property. Yes business is business but morally she didn’t have to break the oral lease. Sometimes we need to go back to shaking hands and keeping our word. The textbook states, “That the Statute of Frauds requires certain contracts to be in writing and signed by the defendant to be enforceable against the defendant” (Lau, 2012, p. 187).

You did an excellent job answering this week’s discussion board question. You discuse4d several excellent way to identify possible indicator an employee may be involved in fraudulent activity. Being vigilant of changes in employees’ performance, behaviors, and habits is a key way to identify employees that may be involved in fraudulent activity. However, this also applies when considering hiring new employee, especially if they will be in direct contact with sensitive information. Pre-employment checks, such as credit checks and background checks, are ways to prevent form hiring employees that might commit fraudulent active. I also noticed that you mentioned that employees that don’t go on vacation very much or at all may indicate

One of the elements of fraudulent misrepresentation is the innocent party 's reliance on the misrepresentation.

I believe that the Statute of Frauds is designed to prevent fraudulent claims of existence of a contract. I believe it makes it harder to make such a false or fraudulent claims by requiring the claimant to have proof other than just testimony that a contract existed before the claimant gets its day in court.

The Statute of Frauds acts as a sort of life insurance for permanent or relatively long term agreements. The portion of the Statute examined herein deals solely with “transfers of real property other than a lease of less than one year’s duration” and the argument is made that the Statute should be extended to include leases less than one year’s duration despite the additional required time, effort and cost. Issues of trespassing, neglect, adverse possession and disputed arguments of sale are identified and the effects of the notions are analyzed though the lens of the Statute’s expectations and requirements for viability. The effects of this specific portion of the Statute of Frauds will be examined in regards

A property survey must be conducted to create a legal property description. The legal description assists with identifying boundary lines through a legal method that can properly described, “conveyed, encumbered and contracted” (Jacobus 54). The Statute of Frauds requires written description of the land in the instrument of conveyance. As the textbook stated, there are methods in determining the legal boundary lines, includes “metes-and-bounds, lot and block, monuments, government land survey, recorded plat and rectangular survey system” (Jacobus 55-60). These survey methods ensure a correct and legal description for the property deed. When preparing property deeds, it is wise to compare the legal description with the most recent deed to

Many organizations have been in the news over the past few years due to accounting ethical breaches that have affected their customers, employees, and the general public. I searched the Internet to locate a story in the news that depicts an accounting ethical breach. I selected Krispy Kreme. I enjoy their hot donuts and was curious to learn more about how they played with the numbers. For some reason I always want to dig into the trickery behind the manipulation of financial statements.

As years pass and technology continues to advance, so should our laws. However, the Computer Fraud and Abuse Act, passed in 1984, has only seen minor alterations occurring over the last three decades. In 2013, a new draft of the CFAA was introduced, but if passed, would not make necessary reforms. Proposed ideas included harsher punishments and “impermissible purpose,” meaning you were given the right to access the information from the start, but if deemed you are misusing your access, it is a crime. Given these proposals and lack of constructive change, I believe it would be imperative to amend the Computer Fraud and Abuse Act, but using different propositions than offered in the 2013 draft.

The current legislative provisions in the FW Act that attempt to address the issue of sham contracting exist at Division 6 of Part 3-1. Sham contracting, while not defined in the FW Act, loosely describes the disguise of an employment relationship, and can be considered in ‘narrow’ and ‘broad’ views. The narrow view of sham contracting includes only unsuccessful attempts, while the broad view includes both successful and unsuccessful attempts. The CFMEU criticised the FW Act, stating that even when a broad view was taken, the provisions catch only circumstances “involving misrepresentation, dismissal and inducements relating to sham arrangements”, and so is “wholly ineffective in dealing with the issue of sham contracting”. Indeed, access to the defence at s 357(2) only exacerbates the ease at which an employer can avoid prosecution and keep alive the culture of noncompliance within the industry. Severely diminishing the efficacy and power of the FW Act is the defence available at s 357(2) that allows for a narrow view of sham contacting. The s 357(2) defence is made out when an employer can prove that they did not know and were not reckless as to the misrepresentation of an employment contract as a contract of service. Rightly described by academic Andrew Stewart, the s 357(2) defence is “both ambiguous and inappropriately generous” . The Respondent bears the burden of proof as to the defence, and the civil standard of proof applies. The definition of “reckless”

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

A business can not work out without an account system, which includes internal. Internal controls are used by companies to make sure financial information is accurate and valid. Strong internal controls are signs of a financially healthy company and protect the company’s integrity. Strong internal controls can also increase a company’s profitability. There are several types of internal controls that companies used to protect themselves such as: Segregation of duties, asset purchases, supervisor review, internal audits and adequate documents and records. This paper will discuss several topics from a case study about And the Fraud