Contract Law For Dummies
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To determine whether a transaction is within the statute of frauds and therefore must be evidenced by a writing, check whether the transaction is any of the following:

  • An agreement concerning real estate

  • An agreement to rent real property for longer than a year

  • An agreement that by its terms can’t be performed within a year from the making

  • An agreement to answer for the duty of another

  • An agreement for the sale of goods for $500 or more

If an agreement is within the statute, look for evidence of a writing signed by the person against whom enforcement is sought. If you don’t find a sufficient writing, look for an exception to the statute.

About This Article

This article is from the book:

About the book author:

Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.

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