Does a video recording satisfy the SOF?

Cavalier-336
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Joined: Fri Jan 27, 2017 9:34 pm

Does a video recording satisfy the SOF?

Postby Cavalier-336 » Sun Mar 05, 2017 8:30 pm

Had an interesting contracts bar exam prep question. The parties had an oral agreement that was captured as a video recording (with audio).

The answer was that the contract was not enforceable to the defense of the SOF. The materials stated that the video recording was not a "writing."

Something about this seems off? Is this correct?

RaceJudicata
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Re: Does a video recording satisfy the SOF?

Postby RaceJudicata » Sun Mar 05, 2017 8:40 pm

Recording /= writing. If an oral contract was transcribed via a court reporter be reduced to writing? I don't think so. Or if I recorded a phone call (in a state where that is legal), still not reduced to writing. Makes sense to me..

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mjb447
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Re: Does a video recording satisfy the SOF?

Postby mjb447 » Sun Mar 05, 2017 8:46 pm

What's off about it? If it just doesn't make a lot of sense that it shouldn't be enforceable, and that the recording seems to satisfy the reasoning behind the SoF, the bar absolutely LOVES to test distinctions that don't make a lot of sense but are legally significant.

Cavalier-336
Posts: 19
Joined: Fri Jan 27, 2017 9:34 pm

Re: Does a video recording satisfy the SOF?

Postby Cavalier-336 » Sun Mar 05, 2017 8:57 pm

RaceJudicata wrote:Recording /= writing. If an oral contract was transcribed via a court reporter be reduced to writing? I don't think so. Or if I recorded a phone call (in a state where that is legal), still not reduced to writing. Makes sense to me..

Considering the number of exceptions to the SOF, such as Article 2's list, this would seem to be another justifiable exception. This is because the video, like the specially manufactured goods exception, it is extremely reliable in showing a contract was actually entered into.

Thank you for the answer. All that I care about is that it is indeed not sufficient to meet the SOF.




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