writing requirement (Utah) · Go Syfert
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writing requirement in Utah

10 Utah opinions name it 2 courts 1998–2023 3 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Q-2 L.L.C. v. Hughesgreen
utah · 2016 · cited in 2 Utah opinions naming this issue, 2023–2023
2 sentences

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

22
Birdzell v. Utah Oil Refining Co.green
utah · 1952 · cited in 1 Utah opinions naming this issue, 2014–2014
2 sentences

2014Co., 121 Utah 412 , 242 P.2d 578, 580 (1952)). 116 Here, Plaintiff maintains that the quitclaim deed to Lot 8, which Clark delivered to Lenders immediately after entering into the FRA, satisfies the writing requirement of the statute of frauds.

2014Co., 121 Utah 412 , 242 P.2d 578, 580 (1952)). 116 Here, Plaintiff maintains that the quitclaim deed to Lot 8, which Clark delivered to Lenders immediately after entering into the FRA, satisfies the writing requirement of the statute of frauds.

11
Richards Contracting Company v. Fullmer Brothersgreen
utah · 1966 · cited in 1 Utah opinions naming this issue, 2008–2008
1 sentence

2008See id. (concluding that when “the parties decide on extras,” as happened in that case, “another contract in quasi contract arises based on a so-called quantum meruit theory”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Mata v. Crowther green
utah · 2016
2 sentences

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

22023–2023
Anderson v. Fautin green
utah · 2016
2 sentences

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

2023See Q-2 L.L.C. v. Hughes, 2016 UT 8 , ¶ 10 n.15, 368 P.3d 86 (explaining that boundary by acquiescence requires, among other things, ―occupation‖ and ―mutual acquiescence‖ for ―at least 20 years‖ (cleaned up)); Anderson v. Fautin, 2016 UT 22, ¶ 25 , 379 P.3d 1186 (―[O]ne who claims property by adverse possession must show that his use and possession of the property has been actual, open and notorious, and continuous for the statutory period.‖ (cleaned up)); Kiernan Fam.

22023–2023
Reynolds v. Bickel green
utah · 2013
2 sentences

2018Because Reperex points only to the emails and the documents Bradshaw gave to it, its claim to the writing exception fails. ¶ 58 Reperex cites Reynolds v. Bickel , 2013 UT 32 , 307 P.3d 570 , in support of its contrary conclusion.

2018Because Reperex points only to the emails and the documents Bradshaw gave to it, its claim to the writing exception fails. ¶ 58 Reperex cites Reynolds v. Bickel , 2013 UT 32 , 307 P.3d 570 , in support of its contrary conclusion.

22017–2018
Williamson v. MGS By Design green
utah · 2022
1 sentence

2022In fact, the Act‟s writing requirement presumes that the business relationship already exists.28 And it says that this preexisting relationship “shall be in a writing”—not that it shall be created by a writing.29 So, as the Act is written, a business relationship arises and jurisdiction is triggered once there is an _____________________________________________________________ 24 See supra ¶ 13. 25 Id. § 34-44-102(1). 26 See id. § 34-44-103(1) (“An action under this chapter may be brought against a principal in a court of this state if . . . the principal enters into a business relationship in

12022–2022
Orvis v. Johnson green
utah · 2008
2 sentences

2017Addressing contractual privity, the court determined, “It is undisputed that Defendants and Plaintiffs were not in privity of contract for the purpose of Defendants providing accounting services to Plaintiffs.” Addressing the writing exception, the court concluded that it was undisputed that no •writing existed from the Accountant to the Seller, to the Business, or to the Buyers that would satisfy the statute. ¶55 “An appellate court reviews a trial court’s legal conclusions and ultimate grant or denial of summary judgment for correctness, and views the facts and all reasonable *917 inferences

2017Addressing contractual privity, the court determined, “It is undisputed that Defendants and Plaintiffs were not in privity of contract for the purpose of Defendants providing accounting services to Plaintiffs.” Addressing the writing exception, the court concluded that it was undisputed that no •writing existed from the Accountant to the Seller, to the Business, or to the Buyers that would satisfy the statute. ¶55 “An appellate court reviews a trial court’s legal conclusions and ultimate grant or denial of summary judgment for correctness, and views the facts and all reasonable *917 inferences

12017–2017
Ivory Homes, Ltd. v. Utah State Tax Commission green
utah · 2011
2 sentences

2013Citing legislative history of Section 602 and caselaw interpreting similar statutes from other states, Mr. Reynolds argues that requiring an accountant to provide a client with "[wJritten acknowledgement of [the] client's own undisputed intentions ... is a meaningless exercise that the law does not require." We disagree with Mr. Reynolds's interpretation of Section 602. 110 "When interpreting statutory language, our primary objective is to ascertain the intent of the legislature." Ivory Homes, Ltd. v. Utah State Tax Comm'n, 2011 UT 54, ¶ 21 , 266 P.3d 751 .

2013Citing legislative history of Section 602 and caselaw interpreting similar statutes from other states, Mr. Reynolds argues that requiring an accountant to provide a client with "[wJritten acknowledgement of [the] client's own undisputed intentions ... is a meaningless exercise that the law does not require." We disagree with Mr. Reynolds's interpretation of Section 602. 110 "When interpreting statutory language, our primary objective is to ascertain the intent of the legislature." Ivory Homes, Ltd. v. Utah State Tax Comm'n, 2011 UT 54, ¶ 21 , 266 P.3d 751 .

12013–2013
State v. Seale green
utah · 1993
1 sentence

2002In Matsamas, we did not mention a writing requirement. 1 30 Two years later, in State v. Seale, 853 P.2d 862 (Utah 1993), we addressed an issue factually similar to the one raised here.

12002–2002
Bennett v. Meader green
conn · 1988
2 sentences

1998Bennett, 545 A.2d at 558 ; see also Pirsig, supra, at 692 (at common law "[i]t was considered unwise to permit an irrevocable arbitration agreement to be left to the uncertainties of a claimed oral transaction").

1998Bennett, 545 A.2d at 558 ; see also Pirsig, supra, at 692 (at common law “[i]t was considered unwise to permit an irrevocable arbitration agreement to be left to the uncertainties of a claimed oral transaction”).

11998–1998

Statutes the citing opinions construe

UT § Utah Code § 25-5-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 43 (1977–2026) NY 42 (1897–2017) CA 39 (1915–2023) LA 38 (1971–2025) IN 34 (1990–2025) TX 33 (1915–2026) MI 21 (1983–2025) GA 16 (1929–2026) WA 15 (1982–2019) PA 15 (1919–2025) MO 15 (1980–2025) NJ 10 (1979–2024) UT 10 (1998–2023) FL 9 (1978–2026) VA 9 (1991–2024) CT 9 (1994–2019) AR 8 (1942–2015) SC 7 (2007–2022) MA 7 (1959–2020) TN 7 (1956–2026) OH 7 (1989–2025) WY 6 (1981–2019) IA 6 (1988–2016) NM 6 (1985–2011) KY 6 (1915–2025) RI 6 (1969–2012) MD 5 (1976–2025) NV 5 (1983–2012) KS 5 (1975–2007) ID 5 (1993–2019) ND 5 (1980–2021) AZ 4 (1975–2018) MN 4 (1988–2009) MS 4 (1978–2007) HI 4 (2001–2020) ME 4 (2004–2022) MT 4 (2003–2009) SD 3 (2005–2026) DC 3 (1993–2011) AL 3 (1967–1986) VT 2 (1922–1986) WV 2 (1893–1997) DE 2 (2014–2019) OR 2 (1984–1999) WI 2 (2006–2006) NC 2 (2000–2019) OK 2 (1994–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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