Certified Legal Professional (CLP) Practice Exam

In the dispute between Attorney Alpha and Agri, what defense does Attorney Beta assert for Agri?

1. Res judicata

2. Statute of limitations

3. Statute of frauds

4. Failure to state a claim

The correct answer is: Statute of frauds

In the context of this dispute, Attorney Beta asserts the defense of the statute of frauds for Agri. The statute of frauds is a legal doctrine that requires certain types of contracts to be in writing and signed by the parties involved to be enforceable. This defense is often invoked to challenge the enforceability of agreements that do not meet these criteria. By asserting the statute of frauds, Attorney Beta is likely arguing that the contract or agreement in question between Attorney Alpha and Agri was either not in writing, not signed, or did not fall within the types of contracts that the statute requires to be in writing (such as contracts involving the sale of real estate or agreements that cannot be performed within one year). This defense effectively questions the validity of the claim made by Attorney Alpha, suggesting that any alleged agreement should be deemed unenforceable due to these formal requirements. Understanding the implications of the statute of frauds is essential, as it helps establish clarity and prevent misunderstandings in contractual relationships.