(192.) Although an authentication may exist separately from a record, the Statute of Frauds
requires proof of an authenticated record, or, in other words, proof of an authentication and a record that are combined or logically related to one another.
Nelson distinguished Narva Harris on two grounds:(28) first, that Narva Harris was not decided under the FAR,(29) and second, that "[i]t is just plain wrong."(30) Judge Nelson argued that "[w]ith thousands of contracts and hundreds of billions of dollars in play every year, the Government simply has to know to whom and for what it is obligated."(31) Two legal principles guided Judge Nelson's dissent: the language of the regulation and the concept of agency authority.(32) First, Judge Nelson interpreted the relevant FAR sections(33) to contain a virtual statute of frauds
, thereby precluding enforcement of the contract absent a writing.(34) Second, he posited an agency authority argument, asserting that the proposition noted in Federal Crop Insurance Corp.
Accordingly, it would appear that such electronic communications are in writing for the purpose of the Statute of Frauds
and the Sale of Goods Acts.
In 1952, after the advent of telegrams and telexes but before e-mail and the World Wide Web, the drafters of the UCC included a statute of frauds
Section 2-201 of the Uniform Commercial Code states the Statute of Frauds
for contracts involving the sale of goods.
Under the statute of frauds
, the applicable formalizing rule for a contract depends upon its subject matter.
Distinguishing between misrepresentations of fact (not within the statute of frauds
) and promises of future performance (which are),(15) Judge Griffin noted that "[T]he plaintiffs were not complaining that the lender had breached the agreement to lend--the loan was made.
Statute of Frauds
. AFFI supported restoration of the Statute of Frauds
for contracts for the sale of goods of $5,000 or more, but criticized a provision which would 'open the door to oral contracts in contravention of the purpose of the Statute of Frauds
' and create other 'loopholes' which 'undermine the Statute of Frauds
as it has traditionally been applied.'
Lenders will, however, continue to fight those efforts by relying on old, new, and arcane doctrines such as the statute of frauds
and the parol evidence rule.
Imagine a world without the Statute of Frauds
. A person I have never met could go to court and claim that last month I promised to sell him certain goods for $1000 to be delivered on March 30.
The foregoing is clearly not foolproof, but provides a quick checklist which may be helpful when you need to create a document which will potentially satisfy the Statute of Frauds
, provide proof of the fundamental terms of the agreement, and demonstrate that the parties were in agreement on all of the essential elements of the contract.
Hence, parties could create a contract to make a will by mere parol agreement, unless the subject matter of the contract brought it within the statute of frauds
. (198) Yet, notice the special circumstances that prevail here: The parties to the contract typically will be laypersons, not business persons.