95) But Traynor then noted that the legislature "has not spelled out the extent to which the statute of frauds
is to apply to a contract having substantial contacts with another state" and this was not a purely domestic case.
When first enacted in 1677, the Statute of Frauds
applied to six types of contracts.
The other is a legal examination of the reasons behind the tightening up of will-making requirements, and particularly the effect that the Statute of Fraud
(1677) had on the process.
In the federal action, the CGU insurers moved for summary judgment on their counterclaims for a return of insurance brokerage commissions paid in connection with premiums subsequently returned; on the ground that plaintiff's claim of an oral agreement between the parties was controlled by New York law and was unenforceable pursuant to the statute of frauds
In relation to contract of guarantee, the Statute of Frauds
1677, section 4 as amended provides that "no action shall be brought against the defendant pertaining to any special promise to answer for the debt default or miscarriages of another person unless the agreement or some memorandum or note is in writing and signed".
17) Finally, the court held that the Mississippi Statute of Frauds
(18) which requires that an agreement that cannot be performed in fifteen months be in writing, did not apply.
Shanker, Judicial Misuses of the Word Fraud to Defeat the Parol Evidence Rule and the Statute of Frauds
(With Some Cheers and Jeers for the Ohio Supreme Court), 23 AKRON L.
The explicit-scope provision and the statute of frauds
Illinois' Revised Article 1 states that it "applies to a transaction to the extent that it is governed by another Article of the Uniform Commercial Code.
This writing, albeit just a signed letter, was sufficient to satisfy the Statute of Frauds
Uniform Commercial Code--a set of sample provisions drafted by legal experts that often are used by state legislatures as models for new laws--contains a Statute of Frauds
provision for the sale of goods, requiring that all contracts for the sale of goods in excess of $500 be accompanied by a signed document as evidence of the sale to be enforced.
Section 4 of the venerable Statute of Frauds
1677 requires guarantees to be in writing if they are to be enforceable; there is no such requirement in the case of an indemnity, although of course written agreement is always best as a matter of practice and for proof.
CONTRACTS THAT MUST BE IN WRITING: THE STATUTE OF FRAUDS