Under traditional analysis, the statute of frauds
might be considered as a matter of evidence or procedure governed by the law of the forum.
In England, the Statute of Frauds
has been subject to further additions, deletions and statutory reform over the centuries.
The federal trial court granted the CGU insurers' motion, finding that the oral modification was subject to New York law and was unenforceable under New York's statute of frauds
This interpretation of the statute would conflict with pre-revision Article 1, which set out a statute of frauds
requirement for the sale of "general intangibles" not covered by the UCC.
Whether a court will consider a letter or memorandum sufficient to satisfy the Statute of Frauds
may depend upon whether the writing includes key terms, such as when commissions are "earned" and how commissions are calculated and paid.
The typical retail sale of a mineral, for example, involves a quick exchange of the specimen for cash and thus is not impacted by laws like the Statute of Frauds
The law that requires a writing for these contracts is called the Statute of Frauds
The verbal agreement was too indefinite to constitute a binding contract and it was arguably unenforceable because it involved an interest inn real estate and the Statute of Frauds
provides that "no action shall be maintained upon a contract for the sale of land unless the agreement .
Looking to the necessity of having a written instrument, there is an instant revelation regarding reformation: the operation of the doctrine is not barred by the statute of frauds
Christ Hospital argued, among other things, that the statute of frauds
prohibited the action because any promise to pay the debt of another was unenforceable unless in writing.
The court also held that if an otherwise unbounded obligation contains a limiting condition that "could" conceivably occur in less than one year, that obligation, or contract, is not within the Statute of Frauds
The Statute of Frauds
requires that certain contracts be in writing and signed by the party to be charged in order to be enforceable.
Whether a string of electronic bits stored in the memory cache of a laptop satisfies the writing requirement of the Statute of Frauds
- or whether instantaneous messaging obviates the mailbox rule for delivery of acceptances - are issues that infect the core purpose of traditional contract formalities.
32) First, Judge Nelson interpreted the relevant FAR sections(33) to contain a virtual statute of frauds
, thereby precluding enforcement of the contract absent a writing.
AFFI supported restoration of the Statute of Frauds
for contracts for the sale of goods of $5,000 or more, but criticized a provision which would "open the door to oral contracts in contravention of the purpose of the Statute of Frauds
" and create other "loopholes" which "undermine the Statute of Frauds
as it has traditionally been applied.