What is the Statute of Frauds?

The Statute of Frauds is a legal rule in contract law that requires certain types of contracts to be in writing to be enforceable in court. The rule applies to contracts that involve real property (land or buildings), contracts that extend for more than a year, contracts for marriage, contracts that involve the transfer of goods worth a certain amount of money, and contracts involving an executor of an estate, among others. The Statute of Frauds is a part of California law and is set forth in the California Civil Code. The Statute of Frauds was enacted to protect parties from being forced to pay for goods or services that they didn’t receive or that they had no intention of receiving. For example, the Statute of Frauds would protect a tenant from having to pay rent on a rental agreement that they never signed. This is because without the signed agreement, it would be nearly impossible for the landlord to prove that the tenant agreed to the conditions of the rental agreement. Another purpose of the Statute of Frauds is to prevent fraudulent agreements. Without requiring contracts to be in writing, fraudsters could make false claims that create legal obligations. In California, all contracts under the Statute of Frauds must be signed by both parties in order to be legally enforceable. If a contract does not meet these requirements, it is considered invalid in court and cannot be enforced.

Related FAQs

What is the doctrine of privity?
What is the doctrine of good faith and fair dealing?
What is the mirror-image rule?
What is the effect of a breach of contract?
What is a condition subsequent?
What is a severability clause?
What is the validity of an option contract?
What is the effect of a novation of a contract?
What are the remedies for breach of contract?
What is an executory contract?

What is the Statute of Frauds?

Related FAQs

Related Blog Posts