Appendix A, p. 5
Comment:
f. Though there has been no satisfaction of the Statute, an
estoppel may preclude objection
on that ground in the same waythat objection to the non-existence
of other facts...maybe precluded.
A misrepresentation that there has been such satisfaction if
substantial action is taken in reliance on
the representation, precludes proof by the party who made the
representation that it was false; and
a promise to make a memorandum, if similarly relied on, may give
rise to an effective promissory
estoppel if the Statute would otherwise operate to defraud.
§207. SUFFICIENCY OF A MEMORANDUM
A memorandum, in order to make enforceable a contract within the
Statute, may be any
document or writing, formal or informal, signed by the party to be
charged or by his agent actually
or apparently authorized thereunto, which states with reasonable
certainty,
(a) each party to the contract....
(b) the land...or other subject matter to which the contract
relates, and
(c) the terms and conditions of all the promises constituting the
contract and by whom and
to whom the promises are made.
§227. WHAT IS A STANDARD OF INTERPRETATION
Astandard of interpretation is the test applied bythe lawto words
and toother manifestations
of intention in order to determine the meaning to be given to
them.
Comment:
a. [This comment lists six ‘conceivable standards of
interpretation,’ as follows:]
1. The standard of general usage;
2. A standard of limited usage, which would attach the meaning
given to language
in a particular locality, or by...those engaged in a particular
occupation...(the distinction between 1
and 2 is a difference in degree, since generality of usage does
not necessarily imply universality);
3. A mutual standard, which would allow only such meanings as
conform to an
intention common to both or all the parties, and would attach this
meaning although it violates the
usage of all other persons;
4. An individual standard, which would attach to words or other
manifestations of
intention whatever meaning the personemploying them intended them
to express, or that the person
receiving the communication understood from it;
5. A standard of reasonable expectation, which would attach to
words or other
manifestations of intention the meaning which the party employing
them should reasonably have
apprehended that they would convey to the other party;
6. A standard of reasonable understanding, which would attach to
words or other
manifestationsof intention the meaning which the person to whom
the manifestations are addressed
might reasonably give to them.
§228. WHAT IS INTEGRATION
An agreement is integrated where the parties thereto adopt a
writing or writings as the final
