Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Contracts/Statute of frauds
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
From English statutory law (29 Car. II c. 3) passed in 1677, the requirement that certain kinds of transactions, typically contractual obligations, be evidenced by a writing signed by the party against whom inforcement is sought, or by her authorized agent. Such writing is a precondition to maintaining a suit for breach of contract (or other obligation). It is more properly called the Statute of Frauds and Perjuries.
Traditionally, the statute of frauds requires a writing signed by the party against whom enforcement is sought in the following circumstances:
- Contracts in consideration of marriage
- Contracts which cannot be performed within one year
- Contracts for the sale of land
- Contracts by the executor of a will
- Under the Uniform Commercial Code, contracts for the sale of goods worth more than $500
- Contracts in which one party provides surety (acts as guarantor) for another party's debts.
Law students often remember these circumstances by the mnemonic "MYLEGS" (marriage, year, land, executor, goods, surety).