What is the statute of frauds?

The statute of frauds refers to a law designed to protect parties involved in certain kinds of transactions. In Kansas, the statute of frauds is delineated in K.S.A. 33-106. Specifically, the statute of frauds states that contracts involving the sale or transfer of real property, contracts that cannot be performed within one year of making, any agreements in which consideration is to be paid after death, and contracts regarding marriage are required to be in writing, signed by the parties, and contain all essential terms of the agreement. Additionally, contracts that involve the sale of personal property over $1,000 must also be in writing. The purpose of the statute of frauds is to protect the parties involved in the transaction by providing a written record of the agreement. Without this written record, either party could claim that the other party failed to meet their contractual obligations, and no way to resolve the dispute. Furthermore, contracts in writing are easier to prove in court in the event that a dispute arises. The statute of frauds is an important part of civil procedure in Kansas as it ensures that all parties involved in these transactions are fairly protected.

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