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statute of frauds : ウィキペディア英語版
statute of frauds

The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.
Traditionally, the statute of frauds requires a signed writing in the following circumstances:
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* Contracts in consideration of marriage. This provision covers prenuptial agreements.
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* Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
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* Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
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* Contracts by the executor of a will to pay a debt of the estate with his own money.
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* Contracts for the sale of goods totaling $500 or more.
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* Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
This can be remembered by using the mnemonic "MY LEGS": Marriage, contracts for more than one Year, Land, Executor (or Estate), Goods ($500 or more), Surety.
==Terminology==
The term ''statute of frauds'' comes from an Act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. and passed by the Cavalier Parliament), the title of which is An Act for Prevention of Frauds and Perjuries.〔'Charles II, 1677: An Act for prevention of Frauds and Perjuryes.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 839-42.〕 Many common law jurisdictions have made similar statutory provisions, while a number of civil law jurisdictions have equivalent legislation incorporated into their civil codes. The original English statute itself may still be in effect in a number of US states or Canadian provinces, depending on the constitutional or reception statute of English law, and any subsequent legislative developments.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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