statute of frauds


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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 ?
Under the circumstances, California could achieve its subsidiary policy of enforcing contracts while recognizing that, in light of Nevada's strong interest in the case, it need not apply its statute of frauds in this specific case.
The provisions of the Statute of Frauds at issue in the email cases are those related to the two formal requirements for compliance, a note or memorandum and signature, "unless the agreement upon which the action is brought, or some memorandum or note thereof is in writing and signed by the party to be charged therewith or some person thereunto by him lawfully authorized.
The court held the Statute of Frauds rendered the contract unenforceable because the agreement involved an interest in real property and it was not in writing.
The use of electronic signatures on contracts transmitted electronically should satisfy the signature requirement of the Statute of Frauds.
114) Employed over the years to guard against fraud and discourage perjury, the Statute of Frauds continues to require written contract in certain instances to "promote[] certainty and deliberation .
There is no precise statute of frauds governing government contracts, but "the concept is well established that the Federal Government must be protected from fraud and cannot be legally bound by contract in the absence of a written agreement.
Accordingly, it would appear that such electronic communications are in writing for the purpose of the Statute of Frauds and the Sale of Goods Acts.
In 1952, after the advent of telegrams and telexes but before e-mail and the World Wide Web, the drafters of the UCC included a statute of frauds provision ([sections]2-201).
Section 2-201 of the Uniform Commercial Code states the Statute of Frauds for contracts involving the sale of goods.
Claims by Union based on alleged oral representations by Ernst were barred by the statute of frauds, which requires that a representation concerning the credit of a third person be in writing to be admissible as evidence.
Coverage includes such topics as the treatment of missing or uncertain contract terms; non-conforming acceptances, and modifications; how the UCC codifies the Statute of Frauds and the Parol Evidence Rule; express and implied warranties and disclaimers permissible responses by the buyer to a breach; anticipatory repudiation; the UCC's risk; allocation rules; and much more.