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Contracts • Defenses to Enforcement and Formation
K#063
Legal Definition
If a defendant who asserts a Statute of Frauds defense admits in a pleading or in testimony that they entered into the contract with the plaintiff, then the Statute of Frauds is satisfied.
Plain English Explanation
A "judicial admission" is an admission made during a judicial proceeding. In other words, it's something that was admitted to in court, or during the court process. So if a defendant admits that a contract existed with the plaintiff, then the Statute of Frauds is satisfied.
Hypothetical
Hypo 1: Sam has a taco cart. Bob runs a tortilla factory. Sam offers to buy $1,000 worth of tortillas every month from Bob for a year. Bob agrees. The first month, Bob drops off a crate full of tortillas and a bill for $1,000. Sam pays the bill. The next month, after Bob has made half of Sam's tortillas, Sam calls and lets him know he won't be selling any tacos for a few months while he goes on vacation. Bob sues Sam for breach of contract. Sam responds to the lawsuit claiming the defense of Statute of Frauds and mentioning that "Even though I agreed to it for a year, I didn't realize I would have the chance to take a vacation." Result: Sam's admission to the existence of the contract in his pleading is a judicial admission, which makes the full agreement enforceable since the court can now be certain it exists.
Visual Aids
Related Concepts
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