Also known as: evidentiary purposes
Written by attorneys · grounded in primary & secondary sources — see below
A purpose of supplying reliable proof of a fact or transaction. In the context of the Statute of Frauds the goal is to require a writing that makes successful fraud or perjury unlikely while still allowing enforcement when the writing's contents can be established by other means.
Edith Eberhardt and Emerald Enterprises signed a written memorandum for the sale of commercial property. The original memorandum was later destroyed in a fire. At trial Edith offers an unsigned photocopy and her own testimony describing its contents. The court admits the evidence because the Statute of Frauds requirement is satisfied even without the original document.
Evelyn Ellison and Enigma Technologies exchanged several documents that together described the terms of a consulting agreement. When Evelyn later sues, the court treats the writings solely as evidence that the contract was made. It does not treat them as conclusively establishing the terms in the way an integrated writing would under the parol evidence rule.
Select any source to read its text and confirm it supports the definition.
No. Although the statute serves an evidentiary purpose by requiring reliable proof of a contract's existence and terms, it is not itself a rule of evidence. Courts may therefore prove the contents of a lost or destroyed memorandum through an unsigned copy or oral testimony.
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The Statute of Frauds merely serves an evidentiary purpose to prevent enforcement of contracts never made. The parol evidence rule goes further by determining the enforceable and incontrovertible terms of an integrated written agreement.
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Yes. The writing need only give assurance that the contract enforced was in fact made and provide evidence of its terms. The possibility that some other subject matter or person might also fit the description does not defeat the memorandum.
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Courts may dispense with the statute's formal requirements when other evidence fulfills the evidentiary function and the interest in preventing injustice outweighs the statute's protective and channeling functions.
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