Answer ) The statute of frauds explains
purposes of special kinds of contracts be done in a writing, signed
by all the parties , with sufficient content to evidence the
contract.The sign doesn't required to be on the bottom of contract
but can be anywhere.
In general term , the statute of frauds requires a written proof
in the following circumstances:
- Contracts in consideration of marriage.
- Contracts with longer time to perform.
- Contracts for the transfer of an interest in land.
- Contracts for the sale of goods with minimum cost of
$500.00..
the Exceptions to the Statutes to Prevent Fraud , means an
agreement may be enforced even if it does not comply with the
statute of frauds in many conditions stated as below
- A statute of frauds defense can be affected by use of
part performance. If the parties have started
action in light of the agreement. Every performance and working
parts a contract that falls outside the Statute of Frauds .Only the
unexecuted portion of the contract falls within the Statute of
Frauds and is unenforceable.
- Promissory estoppel may be
applied in some but not all jurisdictions relies on the otherwise
unenforceable contract..
- The "main purpose rule" as it links to give
surety ship : in which the promisor's promise to pay for the debt
of another then it is a primary promise, and enforceable even
without a writing.
- Easements by implication: generally allow the
use of property by someone without no interest in theproperty, may
be created by operation of law rather than by written instrument.
In such special case,the implied easement constitutes an interest
in land that does not require a writing to be enforceable.
- Admission of the continuation of a agreement
by the defendant under oath. The contract will only valid for the
quantity of goods that were asked.
- Merchant confirmation rule.
In case of merchant relationship, if a party of trade sends in
writing to fulfill the statute of frauds to another party or
parties in trade and the receiving party/parties have reason to
know about the sent confirmation and not stop such confirmation
within 10 days, such confirmation of trade satisfy the statute,
even without signed by the parties.