Define: Statute Of Frauds

The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing in order to be enforceable.

The Statute of Frauds typically covers contracts for the sale of land, contracts that cannot be performed within one year, contracts for the sale of goods over a certain value, contracts in consideration of marriage, and contracts for the guarantee of another person’s debt.

If a contract covered by the Statute of Frauds is not in writing, it is generally unenforceable in court.

Yes, there are certain exceptions to the Statute of Frauds. For example, if one party has partially performed their obligations under an oral contract, a court may enforce the contract to prevent unjust enrichment.

While an oral agreement falling under the Statute of Frauds is not enforceable in court, it can still be considered a valid contract between the parties. However, it cannot be legally enforced if a dispute arises.

In many jurisdictions, an email or electronic communication can satisfy the writing requirement of the Statute of Frauds, as long as it contains all the essential terms of the contract and is signed by the party to be charged.

In general, a contract covered by the Statute of Frauds cannot be modified orally. Any modifications to such contracts must also be in writing to be enforceable.

The Statute of Frauds applies at the time the contract is formed. Once the contract is in writing and signed by the parties, the writing requirement is satisfied, and the Statute of Frauds no longer applies.

Yes, the parties to a contract covered by the Statute of Frauds can waive the requirement of a written contract. However, such a waiver must be clear and unequivocal.

If you believe a contract covered by the Statute of Frauds has been breached, it is advisable to consult with an attorney who specializes in contract law. They can assess the specific circumstances of your case and advise you on the best course of action.