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Statute of Frauds

The statute of frauds refers to the requirement that certain kinds of contracts be made in writing and signed.

Traditionally, the statute of frauds requires a writing signed by the defendant in the following circumstances:

  • Contracts in consideration of marriage.
  • Contracts which cannot be performed within one year.
  • Contracts for the transfer of an interest in land.
  • Contracts by the executor of a will to pay a debt of the estate with their own money.
  • Contracts for the sale of goods above a certain value.
  • Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
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