Statute of Frauds in Written Contracts Essay Short Paper #2 (450 to 600 words): Roberta Sacks has been negotiating with Mrs. Samantha Muldoon, the owner o

Statute of Frauds in Written Contracts Essay Short Paper #2 (450 to 600 words):

Roberta Sacks has been negotiating with Mrs. Samantha Muldoon, the owner of a 7 acre parcel of undeveloped property located on the outskirts of town. Ms. Sacks hopes to create a small equine center, one that can be used for riding lessons, horse boarding, and summer camps.

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After several weeks of negotiation, Ms. Sacks and Mrs. Muldoon finally agree on the terms of the purchase and sale of the property, the total cost of which will be $895,000.00. Although the parties have agreed in principle, the written contract, however, is still in the process of being drafted by Mrs. Muldoon’s attorney. And, although the parties have not yet signed any written documents, upon reaching an agreement in principle, Ms. Sacks pays, and Mrs. Muldoon accepts, $250,000.00 to bind the deal.

The following week, also, before receiving any contract documentation, Ms. Sacks hires a contractor who enters upon the land and begins to clear trees from the area that will ultimately house the indoor riding arena. This work continues for two weeks, until one day, Mrs. Muldoon visits Ms. Sacks at home, hands Ms. Sacks the $250,000.00 check, and claims the sale is off.

Explain what the Statute of Frauds is as it relates to written contracts and under what circumstances the Statute of Frauds applies generally.

Against the backdrop of your explanation, does Mrs. Muldoon have the legal right to walk away from the agreement with Ms. Sacks and keep the land that she promised to sell. Why or why not? Short papers should be between 450 to 600 words.
EXAMPLE
Short Paper: Please identify a federal or state statute that relates to businesses. (Please
feel free to consult the following website for examples of state statutes regulating
corporations: http://www.law.cornell.edu/wex/table_corporations.) Do you agree or
disagree with the principles in this federal or state statute, and why? What effects do you
think this statute has had on businesses?
Answer:
I chose to look at the Intellectual Property law and its relationship to businesses. Under
the body of Intellectual Property law, federal patent and copyright laws help businesses
claim ownership of their ideas, designs, and slogans. Intellectual Property law protects
the products and ideas of individuals and businesses (“What Is IP Law?”). According to
the Cornell University Law School, intellectual property “is any product of the human
intellect that the law protects from unauthorized use by others” (“Intellectual Property”).
The law considers patents, copyrights, trademarks, and trade secrets to be intellectual
property. Each type of intellectual property has specific laws that control and govern
them.
A patent allows the holder to exclude other individuals from making, using, importing,
and selling the patent (“Patent”). The law has certain requirements that include patentable
subject matter, utility, novelty, nonobviousness, and enablement. (“Patent”). The
patentable subject matter requires the individual or business to signify what invention
will need protection (“Patent”). This requirement also states that the products should be a
human-made invention rather than a product of nature (“Patent”). I agree with this law
because it controls the amount of patentable inventions and removes the fake inventions.
The second requirement is whether or not the invention is useful and can be used in the
real world (“Patent”). Novelty requires that the invention isn’t known in other countries
(“Patent”). I also agree with this law because it also minimizes the amount of useless
inventions and the chance of individuals stealing ideas. The last requirement, enablement,
requires documentation of the process of making the product which makes sure that the
product can be carried out (“Patent”). All of these laws make it very challenging for
individuals or businesses to get patents.
A copyright can be reproduced, displayed, and distributed exclusively by the owner
(“Copyright”). Copyrights reduce the amount of replications and similar ideas. This law
is crucial to federal intellectual property law because it determines authorship. As
technology advances, so does the laws surrounding copyrights. Motion pictures and
sound recordings can now have copyrights (“Copyright”). Trademarks also help separate
businesses from each other. For example, GEICO’s slogan or trademark is “15 minutes
could save you 15% or more on car insurance.” Trademark law makes it so other
businesses can’t take this slogan as their own. Copyrights and trademarks are very
important to branding and originality of businesses.
I agree with the majority of federal intellectual property law. I think that the law is fair
and is very important to the longevity of businesses. Without patents, copyrights,
trademarks, and trade secrets, businesses would be stealing ideas and wrongfully using
them. The policies are very strict, but they benefit businesses that have good ideas and
follow the rules. These laws have a large effect on the credibility, prosperity, and
longevity of businesses. Without a patent, trademark, or a copyright, the ideas and
products of businesses aren’t protected properly. This can lead to unwanted replications
and the stealing of ideas. Patents, copyrights, and trademarks are crucial to a business’s
original ideas, designs, and slogans.
Works Cited
“Copyright.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Intellectual Property.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Patent.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Trade Secret.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Trademark.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“What Is IP Law?” What Is IP Law? N.p., n.d. Web. 22 Mar. 2016.
Short Paper Rubric
Criteria
(Weight)
Professional
(100%)
Thorough
(90%)
Adequate
(70%)
Responsiveness
to Question
Posed (50%)
Answer
addressed all
of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
clearly and
fully explained
and supported
and between
450-600
words.
Answer
addressed
most of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
clearly and
fully explained
and supported
and at least
450 words.
Answer
addressed a
few of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
somewhat
explained and
supported or
only between
350-450
words.
Critical
Thinking
Weight (15%)
Writing reflects
critical thinking
and depth
expected at
the college
level
No grammar or
spelling
mistakes
Writing reflects
some critical
thinking and
depth but
could be
improved.
Few grammar
or spelling
mistakes.
All sources
cited in-text
and included in
works cited
Some in text
citation and a
works cited
provided.
Grammar,
spelling, syntax
and clarity of
writing (10%)
Citation to
legal sources,
whether
outside sources
or embedded
in the course
(25%)
Not Fully
Developed
(50%)
Missing one or
more critical
issues raised by
the question
or under 350
words.
Does Not Meet
Requirements
(0%)
Nothing
submitted.
Writing lacks
sufficient
critical thinking
and/or depth.
Writing shows
a serious lack
of critical
thinking and
depth.
Nothing
submitted.
Several
grammar or
spelling
mistakes
Numerous
grammar or
spelling
mistakes
Nothing
submitted.
In text citation
to materials
referenced. No
works cited.
Works cited,
but no in text
citations
No sources
provided

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