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It's a family drama fit for the Upper East Side: Gossip Girl star Leighton Meester has sued her mom, ex-convict Constance Meester.
Meester, famous for playing prickly Queen Bee Blair Waldorf on the hit CW series, is alleging that her mother used payments she sent to her for her brother's medical care on herself, reports the New York Daily News.
Meester sends about $7,500 a month. Her mother apparently used these funds on plastic surgery, Botox and hair extensions. And, the drama doesn't end there, as her mother plans to sue Meester right back, the New York Daily News reports.
According to Meester's mother, the Gossip Girl star made an oral contract with her promising $10,000 a month. So now she is threatening her own daughter with a $3 million dollar lawsuit, reports the New York Daily News. Does her suit have any merit?
Generally, oral contracts are enforceable. But, a defense to enforcement of an oral contract can be the statute of frauds. What is the statute of frauds, you ask?
The statute of frauds is designed to protect against potentially fraudulent contracts. Certain contracts must be in writing and cannot be oral if they fall within the categories of the statute of frauds, namely: credit agreements, contracts that cannot be performed within a year, a contract for the sale of goods over $500, and contracts for the sale of property.
Does Meester's alleged oral contract to pay $10,000 a month survive a statute of frauds defense? It depends.
After all, a contract that cannot be performed in a year falls under the statute of frauds, and requires a written contract. However, contracts of indefinite duration generally do not fall under the statute of frauds. Whether or not the oral contract to pay $10,000 was indefinite or not depends on the terms of the contract itself.
Either way, enforcing an oral contract will generally mean the court may need to rely on testimonial evidence between the two parties to determine if the contract is enforceable.
And, while Leighton Meester has sued her mom, this is not the first time that Constance Meester has run afoul of the law. The Inquisitr reports that she gave birth to Leighton Meester while she was serving a federal drug sentence.