Editing Contracts/Statute of frauds
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It was one thing to create an exception that displaced the need for a memorandum in writing, but something else to completely nullify the Statute's operation. The thrust of the Statute was that contracts concerning land could not be proved by parol evidence alone. Thus, part performance might be an exception, but it could not, in effect, mean that the underlying contract could be proven by parol evidence. In developing the "part performance" exception, a balancing of the competing considerations was required. An important factor in the case law became that the part performance must be "unequivocally" related to the alleged contract.<ref>Deglman v Guaranty Trust Co. of Canada and Constantineau, [1954] S.C.R. 725 https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2738/index.do</ref> | It was one thing to create an exception that displaced the need for a memorandum in writing, but something else to completely nullify the Statute's operation. The thrust of the Statute was that contracts concerning land could not be proved by parol evidence alone. Thus, part performance might be an exception, but it could not, in effect, mean that the underlying contract could be proven by parol evidence. In developing the "part performance" exception, a balancing of the competing considerations was required. An important factor in the case law became that the part performance must be "unequivocally" related to the alleged contract.<ref>Deglman v Guaranty Trust Co. of Canada and Constantineau, [1954] S.C.R. 725 https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2738/index.do</ref> | ||
==Ireland== | |||
The Statute of Frauds was passed in 1695 in Ireland.<ref>{{cite web|title=Statute of Frauds 1695 - An Act for Prevention of Frauds and Perjuries|url=http://www.irishstatutebook.ie/eli/1695/act/12/enacted/en/html|website=eISB|publisher=Government of Ireland|accessdate=4 September 2017}}</ref> The statute is one of the few pre-Independence laws that survived the [[Statute Law Revision (Pre-1922) Act 2005]] and the [[Statute Law Revision Act 2007]], and remains largely in force today. | The Statute of Frauds was passed in 1695 in Ireland.<ref>{{cite web|title=Statute of Frauds 1695 - An Act for Prevention of Frauds and Perjuries|url=http://www.irishstatutebook.ie/eli/1695/act/12/enacted/en/html|website=eISB|publisher=Government of Ireland|accessdate=4 September 2017}}</ref> The statute is one of the few pre-Independence laws that survived the [[Statute Law Revision (Pre-1922) Act 2005]] and the [[Statute Law Revision Act 2007]], and remains largely in force today. | ||