Exception
- Sometimes a contract that normally needs to be in writing does not have to be if certain conditions are met.
- Part Performance Doctrine
- If a party starts to perform, indicating that no fraud took place, then the agreement need not be in writing.
- Ex. Merchant Lana says she will sell Elizabeth a rock for $800. Elizabeth pays $800 for it. Elizabeth knew amount, and paid that amount. This oral contract is enforceable up the the amount Elizabeth paid.
- If a party starts to perform, indicating that no fraud took place, then the agreement need not be in writing.