Statute of Frauds Flashcards
Three steps for Statute of Frauds
Is it in the Statute?
Statute Satisfied?
Exception?
Restatement (Second) of Contracts §110. Classes of Contracts Covered
(1) The following classes of contracts are subject to a statute, commonly called the Statute of Frauds, forbidding enforcement unless there is a written memorandum or an applicable exception:
a contract of an executor or administrator to answer for a duty of his decedent (the executor-administrator provision);
a contract to answer for the duty of another (the suretyship provision);
a contract made upon consideration of marriage (the marriage provision);
a contract for the sale of an interest in land (the land contract provision);
a contract that is not to be performed within one year from the making thereof (the one-year provision).