Overview
This podcast provides an overview of the statute of frauds in contract law, discussing which contracts require written evidence, what constitutes a sufficient writing, and the key exceptions to this requirement.
Categories of Contracts Governed by the Statute of Frauds
- The statute of frauds requires certain contracts to be evidenced by a writing to be enforceable.
- Common categories include contracts for the sale of land, those that cannot be performed within one year, and surety agreements.
- Contracts for the sale of goods (under the UCC) are addressed briefly, with further details in a separate discussion.
Requirements for a Sufficient Writing
- A writing under the statute must reasonably identify the subject of the contract and its essential terms.
- The document should be signed or otherwise authenticated by the party against whom enforcement is sought.
Exceptions to the Statute of Frauds
- Partial performance may take a contract outside the statute, especially in land or services contracts.
- Promissory estoppel can sometimes override the need for a writing if there is reliance.
- Admission in pleadings or court that a contract exists can serve as an exception.
Analytical Steps in Applying the Statute of Frauds
- Determine if the contract falls within a category requiring compliance with the statute of frauds.
- Assess whether an exception applies that eliminates the writing requirement.
- If still subject to the statute, evaluate whether the writing(s) meet the statutory standards.
Learning Objectives
- Identify contracts subject to the statute of frauds.
- Recognize common exceptions to the statute's requirements.
- Evaluate whether the documentary evidence suffices under the statute of frauds.