Statute of Frauds Forum

[waterandparchedearth]

So this is really late in the game to be having this issue, but I still don't understand SoF at all. Like what it means, what the point of it is, its effects...I have a great outline listing stuff about it but if anyone would actually be cool explaining it, I think that would really help.

Anything offered in plain English related to this is helpful, because the outline I'm using is all in contract-speak.

[BigZuck]

This seems pretty clear, let us know what you're not understanding.
https://en.wikipedia.org/wiki/Statute_of_frauds

Contract has gotta be in writing, signed, with enough content to know what it's about if it's about:

marriage
takes more than one year to perform
land
from the executor of a will to pay an estate's debt with his own money
more than 500 bucks
one party assumes the debt responsibility of another

[Poldy]

Basically, if a contract falls within a SoF, it must either have a satisfactory writing (what that means depends on if it is a SOG or not) or it must fall within an exception to the SoF. These came about due to the importance of making sure that certain types of contracts really existed and that they weren't being fraudulently claimed (for example, a surety would be easy to claim and difficult to disprove). Courts are generally hostile to many types, leading to pretty easy to meet exceptions. If you have neither a writing nor an exception, the contract isn't enforceable. SoF categories are: Marriage, One-Year, Land, Executor (?), Sale of Goods (over $500), and Sureties.

Simple steps would be:
1. Does the K fall within one of those categories?
2. Is there a satisfactory writing? If there is, it is enforceable.
3. If not, is there an exception? If there is, it is enforceable.
4. No writing or exception means the contract isn't enforceable.

There are, of course, various other factors that come into play when it doesn't have a writing or an exception such as restitution, performance rendered, etc. but that is the basics. Hope it helps.

[BVest]

I think my outline is pretty good on it. See the Spring K outline: http://top-law-schools.com/forums/viewt ... &p=8234290

[waterandparchedearth]

Thank you! That was actually extremely helpful. Anyone feel like going over the exceptions if you're still around?

ETA: Also, way easier than it seemed. It seemed really scary.

[BigZuck]

way easier than it seemed. It seemed really scary.

You literally just figured out the secret to law school.