Question: What is a life interest?
A life interest refers to a person’s right to use property for the rest of their life.
Question: What evidence does the court rely on in ruling for Baker?
The court relies on the fact that there was no signing of any paperwork by Lisa Baker or anyone else on
her behalf showing the agreement to sell the property.
Question: What argument did the Daves make based on the courtroom testimony?
The Dave’s argued that Baker was able to hear what was going on and being discussed in the court
room. They also felt that she because did not argue against it she was silently agreeing to what they
were stating.
Question: Did they rely on anything else?
Yes, they relied on the fact that Baker had listed the property for sale, even though she later decided to
take it back off the market.
Question: What is the significance of Baker listing the property for sale?
The significance is that the Dave’s argued that her actions amounted to partial performance of the oral
transaction.
Question: What is partial performance?
Partial performance is the completion of an act that forms a portion of a contract. A generally accepted
rule suggests that partial performance can be accepted. However, the contract is not usually considered
to be complete until full permanence has been executed.
Question: Why didn’t partial performance apply here?
Partial performance does not apply in this case because there is an exception to the Statute of Frauds
a href=”https://thelawdictionary.org/partial-performance/” title=”PARTIAL PERFORMANCE“>PARTIAL
PERFORMANCE</a>