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Contracts and signatures

Registered User

Dec 12 2012, 9:40pm

Views: 275
Contracts and signatures [In reply to] Can't Post

I don't think a signature would have been required for two reasons. First, assuming that the relevant jurisdiction (the Shire or the Dwarven kingdom) had a statute of frauds, the contract did not fall under any of the traditional statute of frauds categories. The closest category is "contracts that cannot be performed within one year," but the adventure was complete within the year of 2941, not counting the return trip.

Second, notwithstanding the Statute of Frauds, the equitable doctrine of promissory estoppel may allow a party to enforce an otherwise unenforceable agreement. Restatement (Second) of Contracts § 139. In this case, both parties reasonably relied on promises made by the other party: the Dwarves relied on Bilbo's skills as a burglar and Bilbo joined the company in expectation of a one-fourteenth share of the profits. This sets up a good promissory estoppel argument on either side.

Subject User Time
Bilbo Baggins V. Thorin Oakenshield, et. al.: is the Hobbit's Contract Enforceable? News from Bree Send a private message to News from Bree Dec 10 2012, 11:48pm
    Here's a working link DanielLB Send a private message to DanielLB Dec 11 2012, 1:32pm
        Briefly breaking my TORN silence to point out that Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Dec 12 2012, 3:47am
    HA! Alassëa Eruvande Send a private message to Alassëa Eruvande Dec 11 2012, 2:20pm
    Well first of all shadowdog Send a private message to shadowdog Dec 11 2012, 6:41pm
        Contracts and signatures jamesdaily Send a private message to jamesdaily Dec 12 2012, 9:40pm
            I repeat shadowdog Send a private message to shadowdog Dec 13 2012, 12:17am
    fantastic acheron Send a private message to acheron Dec 11 2012, 10:20pm


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