I’ve written here before on the Statute of Frauds (SOF) and how it requires certain contracts to be in writing to be enforceable. I’ve also championed “MYLEGS” as a useful mnemonic device for dissecting a SOF issue. M stands for ‘Marriage’ (contracts in consideration of marriage), Y for ‘Year’ (contracts that can’t be performed within the space …
Tag Archives: car dealership
LOI From Hell (?) – It’s Too Illusory For Car Dealership Manager to Enforce – IL 1st Dist.
A complicated Letter of Intent (LOI) involving parties to a planned car sales venture lies at the heart of Dicosola v. Ryan, 2015 IL App(1st) 150007, a case that addresses the level of consideration required to support a written contract in Illinois. The plaintiff alleged that under the LOI, the defendant was to invest $1M …
BMW Dealership Defeats Fraud Suit On Statute of Limitations Grounds (ND IL)
Occasionally, I’ll have a case that appears to be governed by two or more conflicting statutes of limitations. For example, one statute will give a plaintiff four years to file suit while an apparently equally applicable one compresses the time to sue to two years. As plaintiff, I usually (not always) argue for the longer limitations period to apply, while as …
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