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Contracts • Defenses to Enforcement and Formation
K#052
Legal Definition
The Statute of Frauds prevents fraudulent claims from being brought by requiring certain agreements to be evidenced by a writing signed by the parties to be bound rather than relying on only testimony that a contract existed.
Plain English Explanation
People lie. A lot. Even though oral contracts are valid in many circumstances, because they lack physical evidence (like a written contract), it is harder to prove when someone is lying about the terms of the contract (or if a contract even existed at all). The law has identified four specific types of contracts (discussed in other cards) that must be put in writing in order to ask a court for help.
In other words, even though it is the duty of the courts to help enforce and mitigate contract disputes between parties, the court will refuse to waste its time hearing certain types of contract cases without a written agreement that has been signed by the person that is supposed to perform under the agreement.
Put simply, the Statute of Frauds exist to try to prevent fraud by requiring that certain types of contracts be put into writing in order to ask the court for help enforcing it later. It is a defense to a contract claim. It basically says, "I don't even need to argue this in court, because it is barred under the Statute of Frauds."
In other words, even though it is the duty of the courts to help enforce and mitigate contract disputes between parties, the court will refuse to waste its time hearing certain types of contract cases without a written agreement that has been signed by the person that is supposed to perform under the agreement.
Put simply, the Statute of Frauds exist to try to prevent fraud by requiring that certain types of contracts be put into writing in order to ask the court for help enforcing it later. It is a defense to a contract claim. It basically says, "I don't even need to argue this in court, because it is barred under the Statute of Frauds."
Visual Aids
Related Concepts
What are the 12 defenses to enforcement and formation?
What are the 4 methods of satisfying the Statute of Frauds?
What are the requirements for a judicial admission to satisfy the Statute of Frauds?
What are the requirements for performance to satisfy the Statute of Frauds in a sale of ordinary goods?
What are the requirements for performance to satisfy the Statute of Frauds in a sale of specially manufactured goods?
What are the requirements for performance to satisfy the Statute of Frauds in a service contract?
What are the requirements for performance to satisfy the Statute of Frauds in a transfer of real estate?
What constitutes a service contract not capable of performance within a year?
What constitutes a valid transfer of interest in real estate?
What constitutes lack of capacity?
What is a merchant's confirmatory memo?
What is a person without capacity legally obligated to pay for?
What is a suretyship contract?
What is the effect of ambiguous words in an agreement?
What is the effect of a mutual mistake of fact on the formation of a contract?
What is the effect of a unilateral mistake of fact on the formation of a contract?
What is the effect of duress on the formation of a contract?
What is the effect of misrepresentation on the formation of a contract?
What is the effect of non-disclosure on the formation of a contract?
"What is the effect of provisions in contracts requiring written modifications?"
What is the effect on an agreement if its purpose is illegal?
What is the effect on an agreement if its subject matter or consideration being illegal?
What is the result of a covenant not to compete that lacks reasonable need or time and place limits?
What is the result of an exculpatory agreement that exempts intentional or reckless conduct from liability?
What is unconscionability and its effect on the formation of a contract?
What is undue influence and its effect on the formation of a contract?
What rights does a contracting minor have upon reaching the age of majority?
What types of contracts fall within the Statute of Frauds?
