Which statement best captures enforceability requirements for agreements related to CP, including tort obligations or prenuptial terms?

Which statement best captures enforceability requirements for agreements related to CP, including tort obligations or prenuptial terms?

• A. They require a signed writing and consideration is not required.
• B. They require an oral agreement.
• C. They require no formality.
• D. They require a signed writing; no consideration is required.

Answer: (D)

The key idea is that certain agreements, like prenuptial terms (and related tort-settlement obligations), are governed by the Statute of Frauds: they must be in writing and signed to be enforceable. Prenuptial agreements are enforceable without any separate consideration—the promise to marry provides the consideration, so what matters is the written, signed document. An oral or unwritten agreement in this context is typically not enforceable. So the best-fitting statement is that these agreements require a signed writing; no consideration is required.

The key idea is that certain agreements, like prenuptial terms (and related tort-settlement obligations), are governed by the Statute of Frauds: they must be in writing and signed to be enforceable. Prenuptial agreements are enforceable without any separate consideration—the promise to marry provides the consideration, so what matters is the written, signed document. An oral or unwritten agreement in this context is typically not enforceable. So the best-fitting statement is that these agreements require a signed writing; no consideration is required.