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Applying 'Part Performance' In Practice

The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.

15 minute read July 01, 2022 at 12:11 AM
By
Adam Leitman Bailey and John M. Desiderio
Applying 'Part Performance' In Practice

In my 27 years as a real estate litigator, until recently, I have never used the sword of part performance as much as I have been relying on it now.

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