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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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The Statute of Frauds

The Statute of Frauds

Chapter:
(p.783) Fifty-Six The Statute of Frauds
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0056

Chapter 56 concerns the statute of frauds. The law does not require contracts as a class to be in writing. However, the Statute of Frauds, adopted in England in 1677 and in force in almost every American state, provides that certain kinds of contracts are unenforceable against the party sought to be held liable unless the contract is evidenced by a writing or, today, an electronic equivalent, signed by that party. Section 4 of the Statute provides that no action shall be brought upon any contract or sale of land, or any agreement that is not to be performed within one year from the making thereof, unless the agreement or some memorandum or note thereof is in writing and signed by the party to be charged. Section 17 of the original Statute covered contracts for the sale of goods. That section has been superseded by the UCC.

Keywords:   Statute of Frauds, sale of land, within one year, sale of goods, in writing

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