Statute of frauds.

Practice point: An agreement which violates the statute of frauds may nonetheless be enforceable where there has been part performance unequivocally referable to the contract by the party seeking to enforce the agreement.

Student note: “Unequivocally referable” conduct is conduct which is inconsistent with any other explanation.

Case: Barretti v. Detore, NY Slip Op 03390 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: A school’s duty to supervise.