Statute Of Frauds Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Statute Of Frauds, written in plain English, along with examples of how it is used.
What is Statute Of Frauds?
(n) Statute of frauds are the legislation directing the documentation of agreements and conveyance falling within its scope like transfer of real property, will, lease agreement for more than one year etc, The intention of the statute is to prevent fraudulent claim on titles where the possession is not apparent
History and Meaning of Statute Of Frauds
The Statute of Frauds is a legal doctrine that originated in England in 1677. Its primary aim was to prevent fraudulent claims relating to the transfer of real property, wills and trusts, and contracts that could not be performed within the space of one year. The doctrine required certain agreements to be in writing and signed by the parties, in order to be enforceable in court.
The doctrine has been adopted in varying forms by many common law countries, including the United States and Canada. While the specific requirements and scope of the Statute of Frauds may differ between jurisdictions, the basic principle remains the same.
Examples of Statute Of Frauds
A and B make an oral agreement for A to sell B a piece of real property. The agreement is not enforceable under the Statute of Frauds, as it relates to a transfer of real property and is not in writing.
C makes an oral promise to give D a gift of $10,000. This promise is not enforceable under the Statute of Frauds, as it is not in writing and does not fall within the scope of the doctrine.
E and F make an oral agreement for E to work for F for two years. This agreement is not enforceable under the Statute of Frauds, as it cannot be performed within the space of one year and is not in writing.
Legal Terms Similar to Statute Of Frauds
Parol evidence rule: This is a legal rule that restricts the use of oral testimony or written documents that are outside the scope of a written contract.
Unilateral contract: This is a contract in which one party promises to do something in exchange for the other party's performance, but the second party is not obligated to perform.
Bilateral contract: This is a contract in which both parties make promises to each other and are bound to perform their obligations under the agreement.