Paralegal Exam Prep

Category - Contracts

Kathy and Jimmy Donald inherited a 20-acre farm in Philadelphia, Mississippi from their Grandma Annie. Kathy, who lives in New Jersey, does not want the farm. She called her daughter, Trina, and said, "I am hereby giving you my portion of Grandma Annie's farm. You can do whatever you want with it." Trina excitedly responded, "I can finally realize my dream of owning a miniature horse farm!" Trina immediately called Jimmy to let him know her miniature horse farm plans for 10acres of Grandma Annie's farm. She then started the transformation of the property. Jimmy was upset. He told Trina that she could do no such thing since she did not own any portion of the farm. Under what theory of law can Jimmy argue that Trina does not own any part of Grandma Annie's farm?
  1. Lack of consideration.
  2. Unjust enrichment.
  3. The Statue of Frauds.
  4. Parole evidence rule.
Explanation
Answer: C. Under the theory of the Statute of Frauds, Jimmy can argue that Trina does not own any part of Grandma Annie's farm. The Statute of Frauds requires that certain types of contracts must be in writing, including the purchase or sale of real property. Because the contract in which Kathy conveyed her interest in Grandma Annie's farm to Trina was not a written contract, a court may invalidate the transaction.
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