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Chapter 9

STATUTE OF FRAUDS


ChapterScope

This chapter covers the “Statute of Frauds,” which in every state provides that certain types of contracts must be in writing in order to be enforceable.

  • Five main types: Here are the five important types of contracts that fall under the Statute of Frauds, and that must therefore ordinarily be in writing:
    • Suretyship agreement. A guaranty, i.e., a promise to pay the legally enforceable debt of another, is normally within the Statute of Frauds, and must therefore be in writing.
    • Marriage provision. A promise for which the consideration is marriage (or a promise of marriage) must be in writing.
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