Issue: Does the agreement need to be in writing under the statute of frauds? Rule of Law: Define the Statute of Frauds, contracts for sale or purchase of land or real estate, and the part performance exception in full Analysis: Here you want to use the facts to show that even though it falls under the statute of frauds, the part performance exception applies because Olivia cannot be returned to her precontractual position. Conclusion: The agreement falls under the SOF but the contract will be enforced due to the part performance exception.