oral testimony
How judges determine what constitutes oral testimony that establishes the existence of a writing and when a writing is sufiicient under the statute of frauds.
Also noteworthy is the fact that oral testimony can be elicited that establishes the existence of
a writing that would meet the requirements Lmder the statute of frauds. For example, testimony
regarding an invoice for products sold, when the actual invoice is not produced, is enough in
certain states to meet the requirements under the statute.
Case I2-l demonstrates how judges determine what constitutes oral testimony that establishes
the existence of a writing and when a writing is sufiicient under the statute of frauds.
MARTHA A. NIX AND CHARLES E. UPHAM V. SKIP WICK, CHRISTIE WICK,
AND JAMES OLDFIELD
SUPREME COURT OF ALABAMA
2010 Ala. LEXIS 250
FACTS: Skip Wick and mye Christie Wick owned a least 5 acres at a price of 332,5 00 per acre. . . . This
house with approximately 4% acres of land at 296 West is an option for the Uphams to purchase this adjoining
Shugart Ridge in Gardendale. Christie Wick and her acreage.” The contract was closed on April I 6, 2008. On
brother James Oldfield owned several acres of land adja- April 22, 2008, the Wicks and Uphams signed an agree-
cent to and surrounding the Wicks í property. On April 2, ment stating: ìThe Uphams hereby agree to purchase and
2008, the Wicks signed an agreement with Charles Upham the Wicks hereby agree to sell the following described lot
and Martha Nix (a married couple) to sell the home and or other unimproved land and appurtenances thereto sit-
4$ë.- acres to the Upham couple. On the same day, the uated in the City of Gardendale, County oflefir-son, Ala-
Wiclu and Uphains signed an addendum to the April 2 bama on the terms stated below: Address: adjacent to 296
contract stating ìthis agreement is fizr the additional at West Shugart Ridge. . . . This contract is per agreement.
written on Addendum sheet on 4.~”2x”08. î The April 22 con- stunmary judgment against them on all of their claims
tract stated that the addendum was attached; however; no against the Wicks and Oldfield The court noted that the stat-
copies of that contract included the addendum. ute of frauds voids both written contracts with insufficient
Skip Wick testified that prior to the making ofthe initial descriptions of land and oral agreements to sell land Addi-
April 2 contract, the Wicks and the Uphams met and dis- tionally, the Uphams contended that the ìlicks and Old-
cussed the purchase of the 5 adjacent acres. Wick testified field engaged in fraud by attempting to sell land that they
that they ìdiscussed that the potential property lines would did not own outright. The court referred to the precedent of
run jbrty feet to the left ofthe mailbox as you are facing Defriece v. McCorquodale, Bruce v. Cole, and Holman v.
the house, and then would run back to the right corner of Childersburg Bancorporation to appeal to past decisions
the property. ” This description was not included in either which involved legal circumstances similar to that of the
the addendum or the April 22 contract. It is an undisputed Uphams. These cases state that ìregardless of whether the
fact that Skip Wick did not own the 5 acres to the left of misrepresentations allegedly made are viewed as contrac-
the mailbox that he had described to the Uphams. The ma] in nature or as simply fraudulent, they are subject to
Uphams deny that Wick told them that Oldfield was joint the Statute of Frauds because they concern the conveyance
owner ofthe le_ft 5 acres. Wick denied any intent to mislead of an interest of 1andìWhen the Uphams asserted that ìthe
the Uphams. Cotut blew it in DeFriece, Bruce, and Holman” on appeal,
Oldfield, the joint owner ofthe 5 acres, refused to sell the court disregarded this statement as the Uphams did not
the land. The Uphams contended that they would not ìprovide a suffnient basis upon which we could, even if
have purchased the Wicksí house and 4í/: acres if they we were so inclined, OíCl’l’ll.l8 Defriece, Bruce, and Hol-
had known they could not also purchase the left 5 acres. man.” Finally, the Uphams raised additional arguments
The purchasing of the “left five acresî was determined on their appeal which contended that the statute of frauds
via oral testimony between the Uphams and the Wicks. does not bar their tort claims and that they have satisfied
The Uphams sued the Wicks and Oldfield and filed for the elements of promissory fraud. The court asserted that
breach of contract, fiaudulent misrepresentation, sup- the Uphams did not cite authority to support any of those
pression, and fiaudulent inducement. The Wicks and Old- claims. The court concluded that ìit is not the fimction of
field raised a defense appealing to the Statute ofFrauds. this Court to do a party’s legal research or to make and
They argued that the April 22 contract was void under the address legal arguments for a party based on undelineaned
Statute of Frauds because it did not sufficiently describe general propositions not supported by sufftierrt author-
the land to be purchased, that the Uphams í tort claims ity or argument.” Most important, the court noted that the
flriled because they were based on the void April 22 April 22 contract ìdoes not describe the contract with such
contract, and that the Uphams ‘ tort claims were not sup- certainty that it can be identified without resort to oral evi-
ported by suflicient evidence. The trial court ruled in dence ” and thatthis circumstance issubject to thestatute of
Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.
Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.
This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.
To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.
It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.
Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>
