Editing Contracts/Statute of frauds
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Some effects of the law have been softened by equity, for example the requirement that all contracts for sale of land be evidenced in writing can be circumvented by reliance on the doctrine of part performance. | Some effects of the law have been softened by equity, for example the requirement that all contracts for sale of land be evidenced in writing can be circumvented by reliance on the doctrine of part performance. | ||
==United Kingdom== | |||
===England and Wales=== | |||
{{See also|Formalities in English law}} | {{See also|Formalities in English law}} | ||
The [[Statute of Frauds]]<ref>This [[short title]] was given by the [[Short Titles Act 1896]]. It is written here as printed in "The Public General Acts, 1896", HMSO, 1896.</ref> (1677) was largely repealed in England and Wales by the [[Law Reform (Enforcement of Contracts) Act 1954]] (2 & 3 Eliz 2 c 34). The only provision of it extant is part of Section 4<ref>{{cite web|title=Statute of Frauds (1677), Sec. IV|url=http://www.legislation.gov.uk/aep/Cha2/29/3/section/IV|website=legislation.gov.uk|publisher=The National Archives|accessdate=4 September 2017}}</ref> which means that contracts of guarantee ([[surety]] for another's debt) are unenforceable unless evidenced in writing. This requirement is clarified by section 3 of the [[Mercantile Law Amendment Act 1856]]<ref>{{cite web|title=Mercantile Law Amendment Act 1856, Sec. 3|url=http://www.legislation.gov.uk/ukpga/Vict/19-20/97/section/3|website=legislation.gov.uk|publisher=The National Archives|accessdate=4 September 2017}}</ref> (19 & 20 Vict 97) which provides that the [[consideration (law)|consideration]] for the guarantee need not appear in writing or by necessary inference from a written document. | The [[Statute of Frauds]]<ref>This [[short title]] was given by the [[Short Titles Act 1896]]. It is written here as printed in "The Public General Acts, 1896", HMSO, 1896.</ref> (1677) was largely repealed in England and Wales by the [[Law Reform (Enforcement of Contracts) Act 1954]] (2 & 3 Eliz 2 c 34). The only provision of it extant is part of Section 4<ref>{{cite web|title=Statute of Frauds (1677), Sec. IV|url=http://www.legislation.gov.uk/aep/Cha2/29/3/section/IV|website=legislation.gov.uk|publisher=The National Archives|accessdate=4 September 2017}}</ref> which means that contracts of guarantee ([[surety]] for another's debt) are unenforceable unless evidenced in writing. This requirement is clarified by section 3 of the [[Mercantile Law Amendment Act 1856]]<ref>{{cite web|title=Mercantile Law Amendment Act 1856, Sec. 3|url=http://www.legislation.gov.uk/ukpga/Vict/19-20/97/section/3|website=legislation.gov.uk|publisher=The National Archives|accessdate=4 September 2017}}</ref> (19 & 20 Vict 97) which provides that the [[consideration (law)|consideration]] for the guarantee need not appear in writing or by necessary inference from a written document. | ||
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Provisions in section 4 as to formalities for contracts for the sale of land were repealed by Schedule 7 to the [[Law of Property Act 1925]] (15 Geo 5 c 20), however the requirement that contracts for the sale of land be evidenced in writing was maintained by section 40 of that Act,<ref>{{cite web|title=Law of Property Act 1925, Sec. 40|url=http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/40/enacted|website=legislation.gov.uk|publisher=National Archive|accessdate=4 September 2017}}</ref> subsequently replaced by section 2<ref>{{cite web|title=Law of Property (Miscellaneous Provisions) Act 1989, Sec. 2|url=http://www.legislation.gov.uk/ukpga/1989/34/section/2|website=legislation.co.uk|publisher=The National Archive|accessdate=4 September 2017}}</ref> of the [[Law of Property (Miscellaneous Provisions) Act 1989]] (c 34). | Provisions in section 4 as to formalities for contracts for the sale of land were repealed by Schedule 7 to the [[Law of Property Act 1925]] (15 Geo 5 c 20), however the requirement that contracts for the sale of land be evidenced in writing was maintained by section 40 of that Act,<ref>{{cite web|title=Law of Property Act 1925, Sec. 40|url=http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/40/enacted|website=legislation.gov.uk|publisher=National Archive|accessdate=4 September 2017}}</ref> subsequently replaced by section 2<ref>{{cite web|title=Law of Property (Miscellaneous Provisions) Act 1989, Sec. 2|url=http://www.legislation.gov.uk/ukpga/1989/34/section/2|website=legislation.co.uk|publisher=The National Archive|accessdate=4 September 2017}}</ref> of the [[Law of Property (Miscellaneous Provisions) Act 1989]] (c 34). | ||
===Scotland=== | |||
Section 6 of the [[Mercantile Law Amendment Act Scotland 1856]]<ref>{{cite web|title=Mercantile Law Amendment Act Scotland 1856, c. 60, s. VI|url=http://www.legislation.gov.uk/ukpga/Vict/19-20/60/section/VI/enacted|website=Legislation.gov.uk|publisher=The National Archives}}</ref> was derived from those parts of section 4 of the Statute of Frauds (1677) which relate to contracts of guarantee and from section 6 of the Statute of Frauds Amendment Act 1828. | Section 6 of the [[Mercantile Law Amendment Act Scotland 1856]]<ref>{{cite web|title=Mercantile Law Amendment Act Scotland 1856, c. 60, s. VI|url=http://www.legislation.gov.uk/ukpga/Vict/19-20/60/section/VI/enacted|website=Legislation.gov.uk|publisher=The National Archives}}</ref> was derived from those parts of section 4 of the Statute of Frauds (1677) which relate to contracts of guarantee and from section 6 of the Statute of Frauds Amendment Act 1828. | ||