1 .Introduction (Clearly state the legal issue in this case)

| November 9, 2018

1 .Introduction (Clearly state the legal issue in this case)2. What is a legal oral contract in Illinois? (Please cite laws, statutes, codes under which the oral contract is valid)2. Identify Legal rule to apply (what statutes can if you were a prosecutor).3. Demonstrate how the legal principles can be applied to facts in this case.4. Analyze and counterargument the hypothetical defense arguments.3. Can statutes of fraud be applied in this case? If yes, explain with detail with legal citation.4. Analyze this case under The Illinois Credit Agreements Act ( provide citation in Blue Book format).6. Cross examination: current case VS. Similar cases (comparison of outcomes)7. Identify the strength /weakness of this case8. Add a legal analyze to the conclusion (Statutes, laws, in context of your conclusion)Remember: its a legal memo (no cover page, no reference page)NameInstructorCourseDateLegal
Presented The
issue under discussion is whether the nephew breached the oral contract he
entered into with his uncle. Apparently, the two entered a verbal contract
stating that the elderly man would bequeath his life savings totaling one
hundred thousand dollars if the nephew took care of him until his death.
However, the elderly man did not die as quickly as the nephew had anticipated,
which prompted the young man to stop taking care of the old man.Short Answer The
nephew did not breach the contract under Illinois law even though oral
contracts are valid and enforceable under a set of circumstances. However, it
is apparent the young man was a victim of fraud because it was not immediately
clear that the uncle would live fifteen or more years after the contract was
reached. In this regard, the contract as constituted was not enforceable
because it could fall under the Statute of Frauds (SOF), which demands that
certain contracts be put in writing. Statement of
Facts An
elderly man was on the verge of death because of poor health and advanced age.
He asked the young man to take care of him until his death. The role of the
young man was to provide food and shelter to the supposedly dying man.
Consequently, the young man was to receive one hundred thousand dollars from
the old man after his death. In this regard, the old man did not die as quickly
as the young man has anticipated. On the contrary, he lived beyond fifteen
years, which was much longer than the nephew had assumed. As a result, the
young man began to neglect the old man despite having received compensation.Discussion An oral
contract is an agreement between two or more consenting adults that is entirely
or partly dependent on spoken words. Under Illinois law, an oral contract is
enforceable unless the subject matter falls under frauds. Arguably, not all
contracts can be executed orally. For example, one cannot enter into a verbal
contract to sell property whose value exceeds a certain amount. In essence, an
oral contract under Illinois law is just as valid as any other written
contract. However, problems always arise whenever either party disputes the
contents of the agreement. For example, a party to the contract may contest the
existence of the contract or the terms under which the contract was reached. In
the case Rosenthal v. Battery Partners VI, LP, (2011), the plaintiff
sued some two partnerships for breaching a verbal contract to pay money
amounting to $ 5 million. The claim was based on telephone conference calls where
the defendants agreed to pay the plaintiff millions of dollars after agreeing
to sell exchange rates. The court found that the contract was essentially
unenforceable because of the large amounts of money involved. In essence,
the court considers certain fundamental facts before determining whether an
oral contract is enforceable or not. Firstly, when parties assent to all terms
of the oral contract, reference to some future written document does not negate
the actuality of a valid oral contract. Secondly, the court has to consider
whether neither party will be legally bound until the execution of a future
written contract is accomplished. Thirdly, the courts have to scrutinize the
conduct of the parties to the contract after the agreement is reached. Lastly,
the courts have to determine whether the parties to the contract intended to
put into writing at a future date. Fundamentally,
the case Elderly Man vs. Nephew falls
under the Statute of Frauds and is, therefore, unenforceable. The statute of
frauds has several technicalities but has some guiding principles. Firstly, the
contract involving the sale of an interest in land falls under this category.
The case was that the old man would bequeath his property to the young man, but
the overriding assumption was that the old man would die sooner. In essence,
the old man proceeded to live a further fifteen years before the nephew began
neglecting him. In this regard, the contract became void because it went beyond
one year, which effectively put under the statute of frauds. In addition, the verbal contract could have
been reached under duress because the nephew might have been compelled to take
care of the elderly man because of his poor medical state and advanced age. Conclusion The
contract became void because the young man had agreed to take care of the old
man at a cost of ten thousand dollars per annum. In this respect, the one
hundred thousand dollars that he received from the supposedly dying old man
lapsed after ten years. In addition, the young man could have been a victim of
fraud because the old man might have faked his medical condition. However, it
is possible the young man felt compelled to take care of the old man because of
a variety of reasons. Under Illinois law, oral contracts can only be enforced
under certain conditions. Works Cited
Rosenthal v. Battery PartnersVI, LP, 2011 WL 10068993 (1st
Dist. 2011)

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