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The Statute of Frauds

Diagram 11A

§11.2 THE FIRST INQUIRY: IS THE CONTRACT OF A TYPE THAT FALLS WITHIN THE STATUTE?

The original statute covered six types of contract. Although others have been added in different jurisdictions, these six largely continue to make up the core of modern versions of the statute. This shows remarkable durability, since the types of contract covered by the statute are more reflective of the commercial priorities of seventeenth-century Englishmen than of today’s economy. The following subsections of this section describe the six categories of contracts that were included in the original statute and continue to be subject to the statute of frauds. (The categories are listed in Restatement, Second, §110, and expanded upon in subsequent sections.) The first three—contracts for the sale of land or an interest in land, contracts that cannot be performed in a year, and sales of goods—cover more common types of transactions. They are the dominant categories and are more likely to be encountered. The last three—suretyships, executors’ contracts to answer for a duty of the decedent, and contracts made upon consideration of marriage, relate to a narrower range of more specialized contracts. Each of the six types of contract is explained below.

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