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Topic: Statute of frauds


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  CHAPTER 923 STATUTE OF FRAUDS
Trial court's finding that contract satisfied statute of frauds was not clearly erroneous where trial court found that description of the land had been made sufficiently definite through reference to two contracts, a map attached to the contract, other maps and descriptions, plus testimony placed in evidence at trial.
Statute of frauds requires that any modification to the note and mortgage be in writing.
Statute is not defense to action for recovery of value of improvements to property made by lessee in reliance upon oral agreement to sell property so improved.
www.cga.ct.gov /2005/pub/Chap923.htm   (5077 words)

  
 The Review of Litigation | Abstract of 22 Rev. Litig. 69 | When Actions Speak Louder Than Words: The Case for a ...
The statute analyzed by the court was directly analogous to the statute of frauds, and had the case involved a successful three year representation based on an oral hourly attorney fee (instead of a mildly flawed contingency fee contract), the result should be the same.
An equitable defense, partial performance, acted to prevent the enforcement of the statute of frauds by showing persuasive evidence of the existence and terms of the contract, as well as by showing an unearned benefit to one party and a substantial detriment to the other in the instance the contract was not enforced.
Although a preponderance of the cases discussing the statute of frauds identify the application of the statute to a particular contract as a matter of law for the court, at least two opinions raise the possibility of fact questions that must be addressed.
www.utexas.edu /law/journals/trol/abstract.php?volume=22&page=69   (5903 words)

  
 STATUTE OF FRAUDS/TITLE UNDERWRITING/LEGAL DESCRIPTIONS
"Statute of frauds," as we know, is the common name for an English statute enacted in 1677, later incorporated into American law, and is now (in one form or another) part of the statutory law of almost every state.
Its purpose is to prevent frauds and perjuries in the enforcement of contracts, by requiring that certain types of contracts (i.e., contracts for the sale of goods priced at $500 or more, contracts for the sale or conveyance of land, etc.) be in writing and signed by each party to be considered bound.
The statute of frauds is frequently raised as a defense in actions to enforce contracts.
www.firstam.com /landsakes/html/email/081100statute.html   (1219 words)

  
 Statute of frauds - Definition, explanation
The statute of frauds refers to a requirement in many common law jurisdictions that certain kinds of transactions, typically contractual obligations, be evidencedd by a writing signed by the party against whom enforcement is sought, or by the party's authorized agent.
The writing that the Statute requires is a precondition to maintaining a suit for breach of contract (or other obligation).
Uniform Commercial Code section 1-206 also sets out a "catch-all" statute of frauds for personal property not covered by any other specific law, stating that a contract for the sale of such property where the purchase price exceeds $5,000.00 is not enforceable unless memorialized by a signed writing.
www.calsky.com /lexikon/en/txt/s/st/statute_of_frauds.php   (522 words)

  
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The Statute of Frauds changed conveyancing practice in England by expressly eliminating conveyances of land by livery of seizin and by requiring conveyances of land to be in writing.
Under the general rubric that "the Statute of Frauds should not be used to work a fraud," the courts in New Jersey and elsewhere developed so-called equitable exceptions to the application of the Statute to conveyances, to trusts, and to contracts for the sale of land.
In this revised statute, a trust in land is treated as a present transfer of an interest which may be coupled with an agreement to transfer an interest or to hold it in trust.
www.lawrev.state.nj.us /rpts/fraud.doc   (9070 words)

  
 statute of frauds and 1677 and pleading exception and admissions exception
Careful study of the evolution of the Statute of Frauds ("SoF") between the time of the USA of 1906 and Article 2 of the 1950s discloses the introduction in the latter of 2-201(3)(b).
Since one of the original purposes of the SoF when passed in 1677 was to eliminate incentives for perjury, an admission by the defendant that the contract existed should, the UCC drafters believed, be an exception to take the contract out of the statute.
"Ethics and the Statute of Frauds," 37 CornellLQ 355 (1952).
www.drbilllong.com /Sales/SoF.html   (936 words)

  
 Statute of Frauds
However, some agreements, identified in statutes adopted by each of the fifty states, are not enforceable as contracts unless evidenced by a sufficient writing or electronic record that is signed by the party against whom enforcement of the contract is sought.
Technically it would be more accurate to refer to the group of such statutes as the statutes of frauds (plural), but you would likely draw a quizzical look if you used that phrase in legal circles (not to mention the looks you would draw in other circles).
Persistence of the Statute of Frauds in the United States in view of these approaches elsewhere raises questions about both the purposes and efficacy of the Statute of Frauds.
www.scu.edu /law/FacWebPage/Neustadter/contractsebook/main/commentary/SFrauds.html   (648 words)

  
 ContractsProf Blog: Recent Statute of Frauds Case from Delaware
Based on the statute of frauds, a Delaware court recently granted an employer's motion for summary judgment and dismissed a doctor/employee's claim for breach of an oral employment contract.
The statute of frauds requires that a contract be in writing when it is not capable of being performed in one year.
The purpose of the Statute of Frauds is to prevent frauds that may occur if oral contracts were permitted in certain areas of the law.
lawprofessors.typepad.com /contractsprof_blog/2006/09/recent_statute_.html   (632 words)

  
 [No title]   (Site not responding. Last check: 2007-10-26)
Courts applying the statute of frauds have not required that the writing be formal or even that it have been seen by both parties: a scrap of paper thrown to the bottom of a desk drawer would even be sufficient.
Throughout its history, many judges and lawyers have resisted application of the statute of frauds, particularly when it is evoked as a "technicality" by defendants trying to avoid their contractual obligations (note the parallel with the duty of good faith and fair dealing).
The cases that justify the statute are the thousands of uncontested current transactions where misunderstanding and controversy are avoided by the presence of a writing which the statute at least indirectly aided to procure.
www-rcf.usc.edu /~etalley/frauds.html   (1133 words)

  
 Law.com - Passover Retreat Found a 'Service' in Contract Suit
Battaglia focused on whether the statute of frauds requires a written contract for an agreement that required both services and goods to be provided.
A "review of the characteristics of the 'program,' which is the subject matter of the alleged agreement, leads the Court to conclude that the 'essence' of the family communal 'experience' is defined by 'services' and not by 'goods,'" he concluded.
The statute of frauds therefore did not apply, and a written contract was therefore not required, Battaglia held, denying the motion to dismiss.
www.law.com /jsp/article.jsp?id=1105364103560   (801 words)

  
 Statute of Frauds - Encyclopedia.com
Whiskey and the wires: the inadvisable application of the wire fraud statute to alcohol smuggling and foreign tax evasion.
LSTA Publishes New Trade Confirms; Statute of Frauds Exemption for Loan Trading; Increased Certainty that Oral Trades are Binding Electronic Execution.
Fourth Circuit reverses federal convictions for defrauding Canadian authorities of liquor tax revenues on grounds that common law "revenue rule" requires reading of American wire fraud statute so as to avoid having to interpret and enforce foreign tax laws.
www.encyclopedia.com /doc/1E1-X-StatuteF.html   (569 words)

  
 Blank Rome LLP Unsigned Lease Can Overcome Statute of Frauds   (Site not responding. Last check: 2007-10-26)
February 4, 2003), the court held that the Statute of Frauds did not bar proving a five-year lease, despite the fact that the lease was never signed by the landlord.
This “meeting-of-minds” exception to the Statute of Frauds seems to leave a big hole in the traditional requirement that certain agreements must be in writing in order to be proven.
While the Superior Court states that it is relying on an established exception to the Statute of Frauds, the facts of the Nakles case are substantially different than the case it had before it, and therefore, the court seems to be extending the exceptions to the Statute of Frauds.
www.blankrome.com /index.cfm?contentID=37&itemID=427   (669 words)

  
 Statute of frauds
That way you do not have to worry about the statute of frauds, and you do not have problems proving what you agreed to; the written contract is your evidence.
That promise does not fall under the statute of frauds, and I could be liable for the breach of that promise.
The statue is designed to prevent fraud, but it is tremendously over-inclusive; it covers lots of cases where it is clear that a promise--even though unwritten--was made.
www.kentlaw.edu /classes/rwarner/contracts/statute_of_frauds_notes.htm   (1272 words)

  
 Has Congress Murdered the Statute of Frauds
The traditional Statute of Frauds has come to mean a requirement for formality in the "typical" real estate transaction (and, of course other important transactions as well).
We all know that the requirements of the Statute can often be avoided, through the "part performance doctrine," or through the somewhat related concept of "estoppel." Further, in some cases parties relying upon the statute to avoid obligations have been held liable for fraud, even though they escape the transaction itself.
After all, she points out, the Statute of Frauds would have upheld an agreement scribbled on a cocktail napkin so long as it was initialed.
dirt.umkc.edu /files/sof.htm   (2838 words)

  
 DD 7/29 St. of Frauds: Estoppel vs. Part Performance   (Site not responding. Last check: 2007-10-26)
STATUTE OF FRAUDS; ESTOPPEL: Montana Supreme Court rules that promissory estoppel is not available to enforce a contract that is void due to the Statute of Frauds.
The court held that the contract could not be taken out of the Statute of Frauds under the theory of part performance by the buyers since the reduction in price of the California property was done in contemplation of eventual performance, but was not itself performance of the Montana contract.
Since the contract did not meet the Statute of Frauds requirements, there was no valid contract in existence and the court did not grant specific performance to the purchaser.
dirt.umkc.edu /dd072996.htm   (679 words)

  
 WBL/9e-IM-Ch14
  This was the purpose of the Statute of Frauds enacted by the English parliament in 1677, and is the purpose of the various statutes of frauds in effect in the United States today.
Ohio’s Statute of Frauds provides: “No action shall be brought whereby to charge the defendant,.
These oral contracts were outside the Statute of Frauds based on the doctrine of partial performance.
profj.us /25sp/law1/fraudsim.htm   (3314 words)

  
 Publications & Seminars - Gross & Romanick - Fairfax Virginia and Northern Virginia Lawyers - Traffic, Accident, and ...
Based on its name you might think that the Statute of Frauds has something to do with criminal or civil fraud, but it doesn't.
The name "Statute of Frauds" actually refers to a law passed by the British Parliament in 1677, and the name has been retained through the centuries.
Thus, the venerable Statute of Frauds is still an important and influential part of modern law.
www.gross.com /artstatfraud.html   (213 words)

  
 The Statute of Frauds and Contract Law
A "statute of frauds" requires that certain contracts be in writing, and that they be signed by all parties to be bound by the contract.
Even when a Statute of Frauds does not apply to an oral contract,[1] it may be very difficult to prove and enforce the contract in the absence of a written agreement.
The purpose of a "statute of frauds" is, as the name suggests, to prevent injury from fraudulent conduct.
www.expertlaw.com /library/business/statute_of_frauds.html   (773 words)

  
 SOME EXCEPTIONS TO THE SURETYSHIP STATUTE OF FRAUDS: A TALE OF TWO COURTS St. John's Law Review - Find Articles
So reads the suretyship part of the New York Statute of Frauds, in language not substantively different from that enacted in England in 1677.2 Its purpose was never better stated than by Chief Justice Lemuel Shaw3 of Massachusetts in Nelson v.
Nelson is the fountainhead of a great compromise rule that attempted to distinguish between cases that fell within both the letter and spirit of the statute and cases that, while within the letter of the law, did not entail the mischief the statute was designed to suppress.
In upholding the son's statute of frauds defense, Chief Justice Shaw noted that while the creditor gave consideration, the son received no benefit from it.
findarticles.com /p/articles/mi_qa3735/is_200504/ai_n14900868   (785 words)

  
 SOME EXCEPTIONS TO THE SURETYSHIP STATUTE OF FRAUDS: A TALE OF TWO COURTS St. John's Law Review - Find Articles
So reads the suretyship part of the New York Statute of Frauds, in language not substantively different from that enacted in England in 1677.2 Its purpose was never better stated than by Chief Justice Lemuel Shaw3 of Massachusetts in Nelson v.
Nelson is the fountainhead of a great compromise rule that attempted to distinguish between cases that fell within both the letter and spirit of the statute and cases that, while within the letter of the law, did not entail the mischief the statute was designed to suppress.
In upholding the son's statute of frauds defense, Chief Justice Shaw noted that while the creditor gave consideration, the son received no benefit from it.
www.findarticles.com /p/articles/mi_qa3735/is_200504/ai_n14900868   (785 words)

  
 [No title]
All of the cases which have been cited to this court by Farone concern cases that do not fall within the statute of frauds and are held to be extended or renewed by implication.
Brown, supra at 503 (case did not involve the statute of frauds; court held that alleged oral promises modifying employment-at-will were not definite enough to do so); Hardison v.
The statute of frauds requires that those agreements are not enforceable unless the promise or agreement, or a memorandum of the promise or agreement, is in writing and signed by the party to be charged with the promise or agreement or by someone who is lawfully authorized to sign for him.
www.law.com /jsp/tx/LawDecisionFriendlyTX.jsp?id=1114432510168   (2597 words)

  
 JOCK SHOCK: BROADCASTER LOSES CONTRACT CLAIMS AGAINST STATION
The Statute of Frauds applies to claims for promissory estoppel (even though it does not apply to claims for equitable estoppel).
Holderman agreed that the Illinois Statute of Frauds applied to the breach of contract claim because Dumas was alleging a five-year employment contract.
Based on his analysis of Illinois cases, Holderman concluded that under Illinois law "waiver of the statute of frauds as a defense can only be accomplished by an admission either in the pleadings, a request for admission, or otherwise during a judicial proceeding.
www.felahfd.com /HFDLaw/notebook/361.htm   (1033 words)

  
 Promissory Estoppel
Promissory Estoppel and the Statute of Frauds in Missouri
The Statute of Frauds will likewise bar a party from enforcing an oral promise of long-term employment, even after the party has moved to a new city and purchased a house in reliance upon the promise that a job would be waiting for her.
Missouri courts have endeavored to avoid the harsh effects of the statute by using their equitable powers to ensure that the statute is not used as an instrument that promotes the fraud it was intended to prevent.
www.mobar.org /9f9753bb-ae48-4a83-885c-473b89565bfd.aspx   (4131 words)

  
 Statute of Fraud
The "Statute of Frauds" has long been imposed, in one form or another, as a means to permit courts to more easily adjudicate the rights of the parties to the contract, in the event a legal dispute arises regarding the terms of the agreement.
The Statute of Frauds does not necessarily require that all of the details of the agreement be in writing, if the essential terms of the agreement are in writing.
When there has been a actual agreement between the parties that would fall under the "Statute of Frauds", and only one party has signed the agreement (such as in a letter), the agreement may, sometimes, be enforced against the party who signed the document.
www.dumanlaw.com /newscol/statfr3.html   (477 words)

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