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Simple English definitions for legal terms
part-performance doctrine
Read a random definition: feodum talliatum
A quick definition of part-performance doctrine:
The part-performance doctrine is a rule that allows a party to enforce an oral contract, even if it violates the statute of frauds, if the party has already performed part of the contract in reliance on the other party's oral promise. This means that if one party has already done something in the agreement, like taking possession of property or making improvements, a court may enforce the contract even if it was not in writing. This rule was established by English courts of equity and is based on the idea that it would be unfair to allow one party to back out of an agreement after the other party has already relied on their promise.
A more thorough explanation:
The part-performance doctrine is an equitable principle that allows a party to enforce an oral contract that would otherwise be unenforceable under the statute of frauds. This doctrine applies when one party has partially performed their obligations under the oral contract in reliance on the other party's oral promise.
For example, if John orally agrees to sell his car to Jane for $5,000, but they do not put the agreement in writing, the contract is unenforceable under the statute of frauds. However, if Jane pays John $2,500 and takes possession of the car, the part-performance doctrine may apply. Jane has partially performed her obligations under the oral contract by paying John and taking possession of the car, and she did so in reliance on John's oral promise to sell her the car. Therefore, a court may enforce the oral contract despite the lack of a written agreement.
The part-performance doctrine is an exception to the statute of frauds and is based on the principle of equity. It allows a court to enforce an oral contract when it would be unfair to allow one party to back out of the agreement after the other party has partially performed their obligations.