All states except ________ and ________ adhere to the admission exception to the statute of frauds.

Question

BlackTom AI · Accepted Answer

The statute of frauds requires certain categories of contracts (e.g., conveyances of land, agreements not performable within one year, suretyship, and some sales of goods) to be evidenced by a writing signed by the party to be charged. The admission (or judicial-admission) exception permits an otherwise unenforceable oral agreement to be enforced when the party who would be bound admits in pleadings, testimony, or otherwise in court that the contract existed—most jurisdictions treat such admissions as sufficient to take the case out of the statute of frauds.

Step-by-step reasoning:
1. Relevant concepts: identify the statute of frauds categories and the admission exception (an admission in judicial proceedings can substitute for the required writing).
2. Majority rule: the majority of U.S. jurisdictions follow the admission exception because their statute-of-frauds rules or common-law precedents allow an opponent’s admission to remove the need for a signed writing.
3. Exceptions: Two jurisdictions—California and Louisiana—do not follow the admission exception. California’s statutory and decisional law has emphasized the formal requirement of a writing “signed by the party to be charged,” such that an unsworn or oral admission in court generally cannot substitute for the required signed memorandum. Louisiana, as a civil-law state, likewise maintains stricter formal requirements for contracts affecting immovables or other categories covered by its statute of frauds; judicial admissions do not eliminate the written-form requirement under Louisiana’s code-based formalities.
4. Application to choices: Option D (California and Louisiana) correctly names the two jurisdictions that reject the admission exception. The other options are incorrect because New York, Texas, Oklahoma, Georgia, and Florida follow the majority rule permitting admissions to remove the statute-of-frauds bar in appropriate circumstances.

Why the correct answer is correct: California and Louisiana uniquely retain the strict written-signature/formalities approach and do not accept mere judicial admissions as satisfying the statute-of-frauds writing requirement. Therefore the correct choice is D) California and Louisiana. This matches the provided answer.

All states except and adhere to the admission exception to the statute of frauds. 单项选择题

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All states except ________ and ________ adhere to the admission exception to the statute of frauds. 单项选择题