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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."
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