Statute of Frauds 1677: Difference between revisions
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Revision as of 11:02, 6 November 2023
The Statute of Frauds was enacted to meet the danger that certain types of contract (for example those relating to wills, surety (i.e. guarantees), marriage and land transfer) must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.)could be established by false evidence, or evidence of "loose talk, when it never was really meant to make such a contract" - Steele v M'Kinlay
It's of some relevance when you are considering a guarantee and has something to with why you see indemnities tacked onto guarantees - the Statute of Frauds applies to guarantees but not to ordinary contracts.