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Contracts • Defenses to Enforcement and Formation
K#058
Legal Definition
The Statute of Frauds may be satisfied by: (1) performance, (2) a writing, (3) judicial admission, or (4) estoppel.
Plain English Explanation
These will individually be covered in other cards. The main thing to note is that while a writing is the best, most effective way to satisfy the Statute of Frauds, there are a few other scenarios that work:
(1) Where someone has begun to perform already, which can provide evidence that an agreement exists;
(2) Where someone admits in court that the agreement existed (either through their testimony or in a pleading, for example); and
(3) Estoppel. Estoppel usually happens when the court needs to step in and prevent injustice from occurring. Here, it occurs when someone is being super shady. For example, if there's evidence that one party tricked the other party into not getting a written agreement because they planned on taking advantage of the Statute of Frauds, then a court will prevent them from using Statute of Frauds as a defense through "estoppel."
(1) Where someone has begun to perform already, which can provide evidence that an agreement exists;
(2) Where someone admits in court that the agreement existed (either through their testimony or in a pleading, for example); and
(3) Estoppel. Estoppel usually happens when the court needs to step in and prevent injustice from occurring. Here, it occurs when someone is being super shady. For example, if there's evidence that one party tricked the other party into not getting a written agreement because they planned on taking advantage of the Statute of Frauds, then a court will prevent them from using Statute of Frauds as a defense through "estoppel."
Visual Aids
Related Concepts
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