Statute of Frauds 1677: Difference between revisions
Jump to navigation
Jump to search
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
The [[Statute of Frauds]] was enacted to meet the danger that certain types of contract could be established by false evidence, or evidence of "loose talk, when it never was really meant to make such a contract" - {{casenote|Steele|M'Kinlay}} | The [[Statute of Frauds]] was enacted to meet the danger that certain types of contract (for example those relating to wills, [[surety]] (i.e. [[guarantee]]s), 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" - {{casenote|Steele|M'Kinlay}} | ||
It's of some relevance when you are considering a [[guarantee]] and has something to with why you see [[indemnity|indemnities]] tacked onto guarantees - the [[Statute of Frauds]] applies to guarantees but not to ordinary contracts. | It's of some relevance when you are considering a [[guarantee]] and has something to with why you see [[indemnity|indemnities]] tacked onto guarantees - the [[Statute of Frauds]] applies to guarantees but not to ordinary contracts. | ||
Revision as of 15:15, 6 September 2016
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.