this unit introduces the statute of frauds
it is a common misconception among all lawyers that anything that needs to be
in writing in order to be legally enforceable
in fact
putting the one side practical questions of proof most or all agreements once
proven
or every bit as enforceable as a written contract
however for several specific kinds of contracts
the law requires the agreement to be memorialized in some kind of a writing
but not necessarily a formal written contract
before it can be enforced
the law involved here is not common law case decisions
forever statutory law
and although the statutes can differ in their details all states have enacted
some kind of statute for the prevention approx
which is typically shortened to the phrase
statute of products
section one ten of the restatement second of contracts
summarizes five kinds of contracts that most states general statute of frauds
include
contracts by executives of estates to perform an obligation of the deceased
contracts to be responsible for the death of another for example
when a parent guarantees repayment of alone made to a child
contracts made upon consideration of marriage
contracts for the sale or these other interest in the land
at least leases longer than a month
and five
contracts that cannot be performed within one year from the making of the
contract
that is
it must be impossible
and not just unlikely
that the contract can be completed within one year
this last category is perhaps the trickiest of the five
let me give you an example to show why
in agreement for a lifetime employment
is that within the statute
because of the employees died within a year
that would complete the lifetime term in the contract
and as it is not impossible for anyone to die within the next twelve months
it is not impossible to complete the contract with the new year
but a contract for employment with a fifty year term is within the statute
because in that case death does not complete the contract it only terminates
at
in addition uniform commercial code includes its own statutes of products
you cc two dash two oh one
requires that contracts for the sale of goods up five hundred dollars or more
comply with the statute
and you cc won best two oh six
requires that the sale of other kinds of personal property
not goods
if more than five thousand dollars is at stake
must comply with the statute
some examples of other personal property would include intellectual property
like happens copyrights
or licenses of trademarks
if an agreement falls within one of these categories
the agreement is said to be within the statute
that is
it is a kind of contract covered by the statute
if an agreement is within the statute and
to be enforceable
it has to meet one of to requirements
either there must be some kind of writing again not necessarily a formal
written contract
that shows there was a real transaction
and that the writing must be signed by the party to be charged
that is whichever party is that the bent
if there is such a writing
the statute is said to be satisfied
or
there must be an exception that applies to the transaction
if there is such an exception it is said to take the transaction out of the
statute
note the mildly confusing terminology
if an agreement is within the statute
that means it is one of the kinds of agreements covered by the statute
that also means there must be some kind of writing that satisfies the statute
conversely
if an agreement is
outside the statute
that means you don't have to worry about any kind of writing
lastly
if an agreement is within the statute
but an exception to the statute applies
that exception takes the agreement out of the statute again meaning you don't
have to worry about any writing
sup let's assume we have an agreement that is within the statute
now there must be some kind of writing that satisfies the statute
how do you tell whether writing satisfies the statute
the answer depends on which statute of prajapati sc
a state general statute or the you cc
section one thirty one of the restatement second summarizes what most
h_m_o_s statutes require
a writing signed by the party to be charged
that reasonably identifies the subject matter
is sufficient to indicate a contract has been made
and states with reasonable certainty the essential terms
do you see see statute of frauds two dash two oh one on its face seem similar
it requires
a writing signed by the party to be charged
that is sufficient indicate a contract for sale has been made
most commentators however agree that the you cc statute of frauds is a little
more forgiving than the state's general statute approx
for example
pgcc does not require that all essential terms be included in the writing
or that included terms speaker at
as comment one to the section states
all that is required is that the writing of four debates for believing that the
offer doral evidence rests on a real transaction