What is the Statute of Frauds applicable to?
The Statute of Frauds is a law that requires certain types of contracts to be in writing in order to be enforceable. In Hawaii, the Statute of Frauds applies to contracts for the sale of real estate, the transfer of an interest in real estate, and any contract that cannot be performed within one year. Additionally, contracts for the sale of goods valued at $500 or more must be in writing to be enforceable. A contract for the performance of services, such as construction contracts, must also be in writing in order to be enforceable. The Statute of Frauds exists to protect parties from experiencing unfairness and breach of contract due to false promises or misunderstandings. It makes sure that parties enter into a contract with full knowledge of the obligations and details of the contract. If one party chooses to breach or invalidate a contract that is covered by the Statute of Frauds without a written agreement, they will not be able to do so in court due to the Statute of Frauds. In short, the Statute of Frauds in Hawaii requires that certain contracts such as real estate contracts, contracts for the sale of goods, and contracts that cannot be performed within one year, must be in writing in order to be legally enforceable. This is an important protection for those entering contracts and helps to ensure that promises and obligations are kept.
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