AM I reading this question wrong? It asks if Bond Sues Spear and Spear defends on the basis of statute of frauds Bond will : why will Bond win? the contract is under $500 why wouldn't Bond Lose and Spear Win?
Bond and Spear orally agreed that Bond would buy a car from Spear for $475. Bond paid Spear a $100 deposit. The next day, Spear received an offer of $575, the car's fair market value. Spear immediately notified Bond that Spear would not sell the car to Bond and returned Bond's $100. If Bond sues Spear and Spear defends on the basis of statute of frauds, Bond will probably:
a.
Lose, because the agreement was for less than the fair market value of the car.
b.
Win, because the agreement was for less than $500.
c.
Lose, because the agreement was not in writing and signed by Spear.
d.
Win, because Bond paid a deposit.
Explanation
Choice “b” is correct. Under the Statute of Frauds, contracts for the sale of goods of $500 or more must be evidenced by a writing. A car is goods, but the contract price here was $475, so no writing was required.
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