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stonybrook-chapter15guide

stonybrook-chapter15guide - Chapter 15 The Statute of...

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Chapter 15: The Statute of Frauds- Writing Requirement Under the Statute of Frauds, certain types of contracts must be in writing to be enforceable. If there is no written evidence of a contract that falls under this statute, it is not void, but it may not be enforceable. This chapter covers contracts that fall under the Statute of Frauds and the parol evidence rule, which concerns the admissibility at trial of evidence that is external to written contracts. The Origins of the Statute of Frauds The English passed the Statute of Frauds in 1677. Today, every state has a statute that stipulates what types of contracts must be in writing (or evinced by a writing) to be enforceable. If one of these contracts is not in writing, the contract is not void, but the Statute of Frauds is a defense to its enforcement. Contracts That Fall Within the Statute of Frauds Contracts Involving Interests in Land o Land includes all objects permanently attached to the earth, including dwellings, trees, etc. Contracts to transfer interests in land, such as leases or sales, must be in writing. The One-Year Rule o Performance Objectively Impossible Must Be in Writing A contract must be in writing if performance is objectively impossible within one year of the date after the contract’s formation.
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