statute of frauds

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Related to constructive trust: implied trust

Frauds, Statute of,

basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677. In the United States, although state laws vary, most require written agreements in four types of contracts: contracts to assume the obligation of another; contracts that cannot be performed within one year; contracts for the sale of land; and contracts for the sale of goods.

Statute of Frauds:

see Frauds, Statute ofFrauds, Statute of,
basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677.
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statute of frauds

A rule that certain kinds of contracts are unenforceable unless signed and in writing or unless there is a written memorandum of their terms signed by the party to be charged. In most states contracts for the sale of real property or for leases of over a specified duration must be in writing to be enforceable.
References in periodicals archive ?
A constructive trust is not tantamount to a full-fledged fiduciary relationship, (182) like the one found in the SSA representative payee program.
There is some authority that in cases of mistaken payments, the law may impose a constructive trust on the defendant where it would be unconscionable for the defendant to deny the claimant's beneficial interest in the money transferred.
Finally, the Second District reasoned that "the [c]harities' right to eventually receive a share of any residue left in the estate does not give them the right to obtain a constructive trust for their own benefit over property they claim should be within the estate.
The same facts gave rise to equitable relief in the form of an equitable estoppel that could be satisfied by the imposition of a constructive trust and also statutory relief under the Family Provision Act 1982.
21) The plan members argued that the sale proceeds were subject to a statutory deemed trust under section 57(4) of the Pension Benefits Act (PBA) (22) and a constructive trust on the basis of breach of fiduciary duty by Indalex as plan administrator.
Once the relevant asset was transferred to Singapore, Singapore law of equity could intervene and impose a constructive trust upon the relevant asset provided that such intervention would be triggered by an analogous breach in Singapore law.
It follows that the courts of England and Wales do not recognise a remedial constructive trust as opposed to an institutional constructive trust.
However, as indicated, it is not clear now whether the concept of constructive trust is still to be interpreted so extensively.
or (2) an action in restitution by way of constructive trust.
fiction, discusses the equitable remedy of a constructive trust, and

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