Genuine agreements are documented formally

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Question

Turn this into essay form Role in Mitigating the Rigidity of Common Law:

1. Addressing Inflexibility:

• The Statute of Frauds requires certain contracts to be in writing to be enforceable. The doctrine of part performance addresses the rigidity this can impose by recognizing that not all genuine agreements are documented formally.

2. Promoting Fairness:

• By considering part performance, the court promotes fairness by ensuring that a party who has relied to their detriment on a promise is not left uncompensated or without recourse.

3. Reflecting Reality:

• It allows the court to base decisions on the reality of the situation-where significant performance has been made-rather than strictly adhering to the absence of a written contract.

Reference no: EM133856493

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