Also known as: statutes of frauds · statute of fraud · SOF
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule requiring that certain classes of contracts be evidenced by a signed writing to be enforceable. The rule applies to promises by executors, suretyship undertakings, contracts in consideration of marriage, transfers of interests in land, and contracts not performable within one year.
Serena Soto orally promised Summit Bank that she would pay her brother's loan if he defaulted. When the brother defaulted, the bank sued Serena. Because the promise was to answer for the duty of another and lacked a signed writing, the court held the claim unenforceable under the statute of frauds.
Skylar Sullivan orally agreed to rent an apartment from Sofia Stern for nine months. Skylar took possession and paid the agreed rent each month. Because the lease term did not exceed the period specified in the controlling statute of frauds, the court recognized an enforceable landlord-tenant relationship.
Select any source to read its text and confirm it supports the definition.
Solomon Silver conveyed a parcel to Sydney Santos by deed that expressly granted a right of way across the retained land for access to the public road. The deed satisfied the statute of frauds requirements for creating a servitude. When a later buyer attempted to block the path, the court enforced the recorded easement.
Samuel Soto and Silverline Industries signed a document identifying the parties, the warehouse premises, a three-year term, and the monthly rent. The writing was signed by the party to be charged. The court held the lease enforceable because it satisfied every element required for a lease within the statute of frauds.
Summit Bank orally agreed to lease office space to Southland Foods for two years. Southland took possession and paid the stated rent monthly for eighteen months. Because possession and rent payment occurred under the invalid lease, the court recognized a periodic tenancy with all lease terms except duration.
Sterling Dynamics held a valid five-year written lease with Serena Soto. After two years the parties orally agreed to extend the remaining term by three additional years. Because both the original term and the remaining period exceeded the statute of frauds threshold, the court held the oral modification unenforceable.
The statute covers promises by executors to answer for a decedent's duty, suretyship promises, contracts in consideration of marriage, contracts for the sale of an interest in land, and contracts not to be performed within one year.
Supporting sources
The writing must identify the parties, identify the premises, specify the duration, state the rent, and be signed by the party to be charged.
Supporting sources
Possession alone creates a tenancy at will. Possession plus payment and acceptance of rent creates a periodic tenancy with all terms except duration. Substantial performance clearly referable to the lease terms gives the lease full effect.
Supporting sources
An oral modification is invalid if both the original term and the remaining period exceed the period specified in the controlling statute of frauds.
Supporting sources
…universally require that those instruments be in writing. There is no doubt that statutes requiring wills to be in writing, and statutes of frauds which require that a contract to make a will be in writing, on occasion frustrate the effectuation of the intent of a particular decedent, just as Missouri's requirement of proof in this…