Manuel and Janice enter into an oral contract which states that Janice will sell her house to Manuel. Manuel makes a partial payment to Janice as per the contract. When Janice vacates the house, Manuel hires a contractor to build a fence around the backyard to ensure security. However, Janice revokes her offer saying that a third party is paying a higher price for the house, and her offer to Manuel was not in written form. Manuel, who has spent $5,000 on the fencing, decides to sue Janice. Analyze the case.
What will be an ideal response?
The doctrine of part performance creates an exception to the requirement that sales of interests in land must be in writing. When a buyer of land has made valuable improvements in it, or when the buyer is in possession of it and has paid part of the purchase price, even an oral contract to sell is enforceable. The courts will enforce an oral agreement involving land title if the part performance clearly establishes the intent of the parties as buyer and seller. Janice will have to sell the house to Manuel.
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